YAMAHA MOTOR INDIA P LTD Vs. SARLA SAHNI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 28.4.2003. By the impugned judgment the suit for recovery of the amount of security deposit filed by the appellant/plaintiff has been dismissed. THE suit was dismissed at the initial stage i.e. without evidence being led by both the parties, on the ground that the lease agreement was entered into between M/s Escorts Yamaha Motor Limited, but the suit had been filed by M/s Yamaha Motor India Private Limited.

(2.) THE facts of the case are that a lease agreement was entered into between the plaintiff and the defendants for letting out the premises being I-5, Maharani Bagh, New Delhi-110 065, and which lease commenced with effect from 1.4.1996 for a period of two years ending 31.3.1998. After the expiry of the lease, the appellant/plaintiff claimed back the amount of `4,32,000/- deposited with the defendant as interest free refundable security deposit, which was not refunded and therefore the subject suit for recovery came to be filed for the amount of the security deposit.

(3.) THE aforesaid findings are completely illegal inasmuch as disputed questions of facts have been decided without the appellant/plaintiff being allowed to lead evidence to prove the case that the plaintiff, who filed the suit, was the same plaintiff with whom lease was entered into with the respondent/defendant, and merely the name of the lessee company had changed from M/s Escorts Yamaha Motor Limited to M/s Yamaha Motor India Private Limited.