GARIMA GOEL Vs. VARUN GUPTA

JUDGEMENT

(1.) Two appeals are filed by the plaintiff in the suit. Two appeals are filed because the trial court passed the judgment only partly decreeing the suit. The suit was filed by the appellant/plaintiff for recovery of Rs. 75,704/- which was only decreed for Rs. 54,000/- along with interest. Appellant/plaintiff therefore filed the first appeal seeking the higher amount as claimed in the suit. Respondent/defendant filed his first appeal against the judgment and decree decreeing the suit for Rs. 54,000/- along with interest.

(2.) The judgment in RSA No. 362/2016 challenges the impugned judgment dated 19.9.2016 passed in the first appeal filed by the respondent/defendant in the suit, and who is the husband of the appellant/plaintiff. By the impugned judgment the first appeal of the respondent/husband/defendant was allowed and the suit was dismissed on the ground that suit had sought recovery of the amounts paid by appellant/wife/plaintiff to the respondent/husband/defendant as rent for being paid to the landlord of the premises and which the respondent/husband/defendant had promised to refund this rent paid by the appellant/plaintiff with respect to the tenanted premises, but it was found that the appellant/plaintiff had already received and been reimbursed the self same amount as HRA from her employer being the government. In effect, the first appellate court by the impugned judgment dated 19.9.2016, which is the subject matter of RSA No. 362/2016, has held that the suit which was decreed for Rs. 54,000/- along with interest had to be dismissed because the amount claimed by the appellant/plaintiff stood already reimbursed to her from her employer and thus appellant/plaintiff cannot seek reimbursement once again from the respondent/husband/defendant.

(3.) RSA No. 382/2016 is filed by the appellant/wife/plaintiff against the judgment of the first appellate court dated 19.9.2016 dismissing the first appeal as time-barred. The appellant/plaintiff had filed the first appeal seeking decree of the higher amount of Rs. 75,704/- instead of the lesser amount decreed of Rs. 54,000/-.