TARLOK SINGH Vs. RANDHIR CHLOTRA

JUDGEMENT

(1.) (ORAL) Defendant No.1-Tarlok Singh has filed the instant second appeal, having remained unsuccessful in both the Court below. Respondent No.1-plaintiff-Randhir Chalotra filed suit against the appellant and his wife and son (defendant Nos.2 and 3/proforma respondent Nos.2 and 3) for recovery of Rs.1,93,000/- alleging that defendant No.2 retired as teacher. The defendants claimed to be having influence in the Education Department. The defendants allured the plaintiff saying that they would get admission for plaintiff's sister in Bachelor of Education Course. On this promise, the defendants received Rs.1,25,000/- from the plaintiff i.e Rs.1,00,000/- vide cheque dated 03.02.2000 and Rs.25,000/- vide another cheque. However, the defendants did not get the plaintiff's sister admitted in B.Ed. course nor refunded the aforesaid amount.

(2.) The plaintiff accordingly claimed Rs.1,25,000/- as principal amount and Rs.68,000/- as interest till the filing of the suit. Only defendant Nos.1 and 2 contested the suit, whereas defendant No.3 was proceeded ex parte. Defendants No.1 and 2 controverted the plaint allegations and inter alia pleaded that plaintiff's father is residing in Holland for the last 20 years and is permanent resident of that country. Plaintiff's uncle Raghubir Chander along with his family resides with the plaintiff. Their family is also known to defendant No.2 as daughters of Rahubir Chander and also sisters of plaintiff had studied in the school where defendant No.2 was teacher. Plaintiff and his uncle and aunt represented to defendant Nos.1 and 2 that they would send their son defendant No.3 to Holland. Accordingly, defendant Nos.1 and 2 paid Rs.5,00,000/- from time to time to Raghubir Chander and his wife Neelam Kumari. However, defendant No.3 was not sent to Holland. Plaintiff gave cheques of Rs.1,00,000/- and Rs.25000/- to defendant No.1 as repayment of part amount out of Rs.5,00,000/-. Defendants are entitled to recover the balance amount of Rs.3,75,000/-. Defendant No.1 also lodged FIR dated 30.08.2004 against the plaintiff's relatives, who are facing trial. Various other pleas were also raised. Plaint averments were controverted.

(3.) Learned Additional Civil Judge (Senior Division), Gurdaspur vide judgment and decree dated 16.09.2008 decreed the plaintiff's suit for recovery of Rs.1,25,000/- with interest thereon at the rate of 6% per annum from the date of cheque till recovery. First appeal preferred by defendant Nos.1 and 2 has been dismissed by learned District Judge, Gurdaspur vide judgment and decree dated 04.12.2009. Feeling aggrieved, defendant No.1 only has preferred the instant second appeal.