MUKESH KUMAR JAIN Vs. ASHOK SHUKLA

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of money filed by the plaintiff-appellant but dismissed by the court below on the ground that the defendant was dead on the date the same was instituted.

(2.) The plaintiff's case as set out in the plaint was that the defendant Sh. Ashok Shukla had availed of his liasion services in connection with the vacation of a flat owned by the former at Napean Sea Road, Mumbai. The flat it appears was occupied by the Indian Oil Corporation, Mumbai as a tenant. Sh. Ashok Shukla is alleged to have agreed to pay to the plaintiff a liaison fee of Rs.10 lacs apart from the out of pocket expenses which the plaintiff may have incurred in connection with the work assigned to him. The plaintiff's further case was that due to his efforts, the Indian Oil Corporation had eventually decided to vacate the flat thereby entitling the plaintiff to recover the promised amount of Rs.10 lacs towards liaison fee apart from Rs. One lac towards out of pocket expenses which he had incurred. In partial discharge of the said liability, the deceased Sh. Shukla is said to have transferred certain share certificates held by him valuing Rs.3 lacs in all and executed five different promissory notes four out of which were for Rs.2 lacs each and the fifth for Rs.20,000/- representing the balance amount. The amount covered by the Promissory Notes was to be arranged by the defendant within a period of one year with interest @ 18% per annum.

(3.) The execution of the promissory notes notwithstanding, the defendant did not arrange the payment of the amount due to the plaintiff despite repeated requests. A notice asking the defendant to do so also did not evoke any response. A decree for a sum of Rs.8,20,000/- towards the principal amount and Rs.3,69,000/- towards interest was, therefore, prayed for by the plaintiff with interest pendente lite and future.