HYLUCK FILM Vs. THEATRE NAGESH

JUDGEMENT

(1.) THIS appeal has been directed against the decree and judgment in O.S.No.7366 of 1996 on the file of the II Additional Judge, City Civil Court, Chennai. The plaintiff is the appellant herein.)

(2.) THE suit has been filed by the plaintiff for recovery of excess payment of entertainment tax to the tune of Rs.4,15,146/50 and also for recovery of Rs.17,500/- from the collection amount for the film show cancelled on 23.10.1990 (two shows), on 30.01.1991 (one show), on 22.2.1991 (four shows) and on 6.2.1991 (two shows) which comes to Rs.5,625/- (Rs.625 x 9 shows) and also a sum of Rs.17,500/- being the excess payment in respect of the rent. THE total claim in the plaint, according to the plaintiff, comes to Rs.4,38,271/50.

(3.) ON the above pleadings five issues were framed by the learned trial judge. The plaintiff's power of attorney was examined as P.W.1. The Managing Director of the defendant theatre A.Narayanan was examined as D.W.1. Ex.A.1 to Ex.A.3 were marked on the side of the plaintiff. Ex.B.1 to Ex.B.3 were marked on the side of the defendant. After scanning the evidence both oral and documentary, the learned Trial judge has come to a conclusion that the plaintiff is not entitled to any relief under the plaint and accordingly, dismissed the suit with costs. Aggrieved by the findings of the learned Trial Judge, the plaintiff has preferred this appeal.