SURESH CHANCHAL Vs. OM PRAKASH PAROCHA & ORS.

JUDGEMENT

(1.) This Regular Second Appeal under section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no. 1 in the suit, against the concurrent judgments of the courts below; of the Trial Court dated 25.9.2010 and the First Appellate Court dated 28.1.2017; whereby the suit for recovery of a sum of Rs. 1,15,600/- along with interest has been decreed for a limited sum of Rs. 26,000/- along with interest at the rate of 10% per annum. I note that the suit was filed with respect to different amounts under different schemes propounded by the defendants in the suit, appellant being the defendant no. 1 in the suit, and the suit with respect to most of the amounts claimed have been dismissed on the ground of plaintiff's suit being hit by the provision of the Benami Transactions Act. The suit decreed in favour of the respondent no. 1/plaintiff for a sum of Rs. 26,000/- is only with respect to the amount deposited by the respondent no. 1/plaintiff of Rs. 1,000/- per month in the Adarsh Lucky Scheme propounded by the defendants including the appellant.

(2.) There were two main issues before the trial court, and which have also been urged before this Court and which are with respect to whether firstly the appellant was the propounder of the Adarsh Lucky Scheme and secondly as to whether the respondent no.1/plaintiff had deposited any money in the Adarsh Lucky Scheme. These aspects have been held in favour of the respondent no.1/plaintiff by the trial court in terms of paras 15 and 16 of its judgment and which read as under:-

(3.) The first appellate court has upheld the findings and conclusions of the trial court.