SHREE KISHAN Vs. RAJENDRA VARMA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Decree dated 7.8.2004 passed by ADJ (Fast Track Court), Shujalpur in Regular Civil Appeal No. 7-B/2004 whereby the Judgment and Decree passed by the learned Civil Judge Class-II, Shajapur dated 27.9.2003 in civil suit No. 19-B/2002 was set aside and the suit filed by the respondent was decreed with a direction to pay Rs. 15,000 along with interest @ 6% per annum, the present revision petition has been filed.

(2.) Short facts of the case are that the petitioner was the owner of the Motor-bike Hero Puch bearing No. MP 009 CC 3335 which was purchased by him under a Hire Purchase Agreement. As per the agreement, the price of the vehicle was to be paid in 24 instalments of Rs. 1150 per month for which advance cheques were given by the petitioner.

(3.) Vide Agreement dated 7.12.2000, petitioner entered into an agreement with the respondent and agreed to sell the said Hero Puch for a sum of Rs. 15,000 out of which a sum of Rs. 12,000 was paid by the respondent to the petitioner and rest of the amount of Rs. 3000 was payable by the respondent to the petitioner in two equal instalments, out of which first instalment was payable within a period of 3 months and second instalment of Rs. 3000 was payable when the petitioner will transfer the vehicle in the name of the respondent. The possession of the vehicle was given by the petitioner to the respondent at the time of agreement. A civil suit was filed by the respondent for realisation of Rs. 21,500 along with interest wherein it was alleged that since the petitioner failed to make the payment of instalment to the Financier, therefore in the month of April 2001, the vehicle was taken back by the Financier. It was alleged that apart from Rs. 12,000 which were given at the time of the agreement, balance amount of Rs. 3000 was also paid by the respondent to the petitioner on 7.12.2001. It was alleged that in spite of notice, petitioner did not take any action to pay the instalment or to get the vehicle delivered back to the petitioner from the Financier.