MOHAN LAL BAKOLIA Vs. BISHAN PAWAR

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 25.03.2008 which has reversed the finding of the trial Judge dated 16.10.2007. Vide judgment and decree dated 16.10.2007 the suit filed by the plaintiff Mohan Lal Bakolia seeking recovery of Rs.50,000.00 against the defendant had been decreed along with interest @ 6% per annum. The impugned judgment had reversed this finding; suit stood dismissed.

(2.) THE plaintiff is a resident of house No. 16/1291-92, Padam Singh Road, Bapa Nagar, Karol Bagh, New Delhi. This house is in the name of his wife; she had given a shop to the defendant on rent; the plaintiff was collecting rent from the defendant on behalf of his wife upto 30.06.1992; thereafter the defendant stopped paying the rent. It was agreed between the parties that the defendant will handover the suit shop by 10.04.1997 and the plaintiff will pay Rs.3,50,000.00; this agreement dated 13.09.1996 was reduced into writing and a sum of Rs.50,000.00 was paid to the defendant. The defendant did not abide by the agreement; he instead filed a suit for permanent injunction against the plaintiff. The payment of Rs.50,000.00 was made by the plaintiff on 13.09.1996 for vacating the shop which had to be vacated by 10.04.1997; present suit filed on 17.01.2000 is within limitation. 3 In the written statement the defence of limitation was taken. It was stated that the defendant was inducted as a tenant; it was denied that the defendant had stopped paying rent. The agreement referred to by the plaintiff was also denied; it was denied that the plaintiff had paid any money to the defendant. 4 On the pleadings of the parties, the following four issues were framed:-

(3.) RELIEF .