N.K.TOMAR Vs. VIRAJ IMPLEX LTD

JUDGEMENT

(1.) THE subject suit has been filed by the plaintiff for recovery of Rs.22,00,000/- alongwith interest. Suit amount is claimed on the ground that the plaintiff as a proposed purchaser paid a principal amount of Rs.22,00,000/- to the defendant, but since the transaction itself did not fructify, the defendant is bound to refund the amount of Rs.22,00,000/- alongwith interest.

(2.) THE facts of the present case are that the defendant received from the plaintiff a sum of Rs.2,00,000/- vide demand draft dated 16.8.1995, and another sum of Rs.20,00,000/- vide cheque dated 1.1.1996. It is prayed that the plaintiff repeatedly called upon the defendant to enter into the transaction, but the defendant failed to do so, and therefore, the suit amount be decreed in favour of the plaintiff.

(3.) THE following issues were framed in this case on 12.1.2005:-