PRESIDENT NAGAR PANCHAYAT Vs. RAKESH KUMAR SEHGAL

JUDGEMENT

(1.) THIS appeal is filed by the defendant challenging judgment and decree dated 29-7-2000 passed by Addl. District Judge, Pichhore, District Shivpuri in Civil Suit No. 1-B/98 whereby the Court below has decreed the plaintiff's suit for recovery of Rs. 15,261/- alongwith interest at the rate of 12% per annum if the plaintiff fails to pay the said amount within a period of 2 months from the date of judgment.

(2.) BRIEF facts of the case are that the respondent plaintiff has filed the present suit for recovery of Rs. 75,261/- alleging that the present appellant defendant has placed an order No. 239 dated 21-9-95 for supply of electric goods like Tube Rods, Bulbs, Chokes, Mercury lights etc. Plaintiff has supplied the said goods as per the order and the cost of the said goods was Rs. 1,25,261/ -. Out of this amount defendant has paid an amount of Rs. 50,000/- hence an amount of Rs. 15,261/- is still outstanding. Said amount is not paid by the defendant in spite of the repeated attempts and the Officers concern has demanded 20% commission for releasing the said amount, hence he filed the present suit.

(3.) DEFENDANT filed his written statement admitting the fact that order was placed by the defendant for supply of the said goods but the goods supplied were of sub standard quality, hence the plaintiff is not entitled to get the said amount. On the basis of the pleadings of the parties Trial Court framed as many as four issues and decreed the plaintiff's suit, hence this appeal.