RAVISHANKER YADAV Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) THE appellant/defendant has filed this appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 29. 1. 1992 passed by the Additional District Judge, Narsinghpur in Civil Suit No. 2-B/88 wherein the appellant was directed to pay the sum of Rs. 22,203. 65 with the rate of interest of 6. 25% per annum.

(2.) THE admitted facts of the case are that consequent to auction bid for the contract to collect the passenger tax the respondent/municipality entered into an agreement dated 14. 5. 1985 with the appellant/defendant for the period from 15. 5. 1985 to 31. 3. 1986. That the appellant/defendant will collect the passenger tax and appellant will pay amount of Rs. 2,19,000/- in eight monthly instalments of Rs. 20,531. 25 from the month of July, 1985. It is also admitted that the respondent/municipality gave a notice Ex. P71 dated 6. 3. 87 to the appellant/defendant for recovery of balance amount of Rs. 26,125/- and this notice was replied on 25. 3. 87 by the appellant/defendant.

(3.) THE case of the respondent/plaintiff was that the balance of Rs. 26,125/- under the agreement dated 14. 5. 1985 was not paid by the appellant/defendant even after the service of the notice and as such the appellant/defendant be directed to pay the balance with the agreed rate of interest of 6. 25% per annum.