LAWS(UTN)-2007-7-44

GOPAL KRISHNA PUROHIT Vs. JAIBEER SINGH RAWAT

Decided On July 05, 2007
Gopal Krishna Purohit Appellant
V/S
Jaibeer Singh Rawat Respondents

JUDGEMENT

(1.) HEARD Sri Rajendra Dobhal Counsel for the appellant and Sri N.C. Gupta Counsel for the respondent. Present appeal has been filed against the judgment and decree dated 19.4.2001 passed by the District Judge, Chamoli.

(2.) BRIEFLY stated plaintiff Jaibeer Singh has filed a suit for the recovery of Rs. 1,10,000.00 against the defendant. According to the plaintiff in the year 1995 he was posted as Junior Engineer in P.W.D. Gopeshwar. In the month of October 1995, he went to Rishikesh for purchasing land for the construction of house along with one Sri Bhajan Singh Negi. The defendant Gopal Krishan Purohit has expressed his desire to sell plot No. 276 situate near Bharat Mandir, Rishikesh and the plaintiff has agreed to purchase the same for Rs. 2,20,000/ -. The defendant came to Gopeshwar on 21.10.1995 and the plaintiff gave him a cheque for Rs. 40,000/ - drawn on Alakhnanda Gramin Bank. Again the defendant demanded Rs. 70,000/ - in advance before executing sale deed. The plaintiff paid the same by Cheque No. 82854 drawn on Alaknanda Gramin Bank. However, neither the defendant has performed his obligation to execute sale deed nor refund the amount taken by him in advance.

(3.) ON the pleadings of the parties the following issues were framed: - -