PARVEEN KUMAR Vs. HAR PRAKASH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/plaintiff against the judgment and decree dated 19.08.2016, pronounced by the trial court in a suit for recovery of Rs.11 lacs instituted by him against the respondent/defendant along with interest @5% per month from the date of institution, till realisation.

(2.) Under the impugned judgment and decree, the trial court has partially decreed the suit in favour of the appellant/plaintiff by holding that he is entitled to recover a sum of Rs.5,50,000.00 from the respondent/defendant, subject to adjustment of dues, if any, contemporaneous to handing over vacant possession of the tenanted premises to the respondent/defendant in terms of the Rent Agreement dated 19.03.2012 (Ex.PW1/1). It was further ordered that in the event the respondent/defendant fails to pay the aforesaid amount to the appellant/plaintiff, then the latter shall be entitled to interest @ 8% per annum from the date of handing over possession, till the date of recovery of the amount. As far as the remaining claim of Rs.5,50,000.00 raised by the appellant/plaintiff, the trial court held that he has not been able to prove the same and is not entitled to recover the said amount from the respondent/defendant. Aggrieved by the said finding, the appellant has filed the present appeal.

(3.) Before recording the submissions made by learned counsel for the appellant, a brief recapitulation of the facts of the case is considered necessary.