MOTI LAL AGRAWAL Vs. JAI PRAKASH & ANOTHER

JUDGEMENT

(1.) Heard learned counsel for appellant and perused the record.

(2.) This second appeal arises out of the the judgment and decree dated 20.3.2002 passed by the Additional District Judge, Jalaun at Orai in Civil Appeal No. 33 of 1997 (Jai Prakash and another v. Moti Lal) arising out of the Original Suit No. 239 of 1991 (Moti Lal v. Jai Prakash and another).

(3.) As per given facts of the case, the appellant-plaintiff had taken the shop in question on rent from the respondents on the basis of a written agreement. The said shop was situated in Mohallah Pratap Nagar Konch (Mukhiya Market). The rent of the shop was Rs. 200/- per month. As per the rent-agreement a sum of Rs. 20,000/- was paid as security by the appellant-plaintiff to the respondents-landlord with the condition that as soon as the shop is vacated and peaceful possession is handed over security amount would be refunded. The shop was taken on rent for one year i.e., from 1.11.1990 to 31.10.1991. The appellant had paid the rent in advance for the period 1.11.1990 to 31.7.1991. It is the case of the appellant-plaintiff that he had vacated the shop on 1.2.1991 and handed over the possession to the landlord, however, the landlord had not returned the security amount of Rs. 20,000/- to the appellant-plaintiff due to which after giving notice the appellant had filed a suit for recovery. The learned Trial Court considering the evidence and the amin report had come to conclusion that the appellant-plaintiff is entitle to get Rs. 20,000/- with interest refunded to him by the respondents-defendants within two months. The respondents-landlord thereafter preferred first appeal before the first appellate court which was allowed by the impugned judgment and decree dated 20.2002. Feeling aggrieved against the said judgment, this second appeal has been filed.