BHUPINDERVSINGH Vs. URMILA DEVI

JUDGEMENT

(1.) Main appeal.

(2.) Defendant-Bhupinder Singh, having lost in both the Courts below, has filed the instant second appeal.

(3.) Suit was filed by Budhi Singh-Plaintiff (since deceased and represented by Respondents as his legal representatives) against the Defendant-Appellant for recovery of Rs. 46000/-alleging that the Defendant-Appellant representing himself to be general attorney of his uncle Sukhdev Singh, agreed to sell a house belonging to Sukhdev Singh to the Plaintiff for Rs. 2,50,000/- and received Rs. 35,000/- as earnest money and executed writing for the same. However, Defendant did not execute requisite sale deed. The Plaintiff then directly purchased the said house from Sukhdev Singh by paying him total consideration of Rs. 2,50,000/- as Sukhdev Singh refused to adjust the amount of Rs. 35,000/-which had been received by the Defendant. Accordingly, the Plaintiff claimed recovery of principal amount of Rs. 35,000/- and interest amount of Rs. 11,000/- on the basis of receipt dated 12.02.2004.