KESHRICHAND VAISHYA Vs. RAJESH KUMAR MITTAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 15th of September, 1999 dismissing thereby the suit of the plaintiff/appellant for recovery of Rs. 68,700/-.

(2.) Briefly stated facts of the case are that the plaintiff/appellant instituted a suit against the defendant/respondent with the allegations that he advanced a loan of Rs. 45,000/- to the defendant on 2.11.1989 for construction of shop situated at Shivpuri on interest @ 1.50% p.m. Defendant issued a receipt in his own handwriting. Plaintiff obtained two shops from defendant on rent @ Rs. 550/- p.m. on 2.11.1989. Rent was paid up to February, 1990. However, defendant fraudulently, obtained signature on rent note from plaintiff's son, namely, Vishnu Kumar and snowed him as tenant. Plaintiff issued a notice of demand of Rs. 45,000/- with interest which was incorrectly replied. Hence, the suit for recovery of Rs. 45,000/- towards principal and Rs. 23,625/- towards interest.

(3.) Defendant by submitting written statement, acknowledged the receipt of Rs. 45,000/-, however, it was stated that the amount was received to secure tenancy of plaintiffs son in respect of two shops and money was refundable at the time of vacation. No interest was payable on the said amount. It is further stated that defendant has already issued a notice to the plaintiffs son for eviction and arrears of rent.