SUDESH KUMAR Vs. AJAY KUMAR

JUDGEMENT

(1.) THIS is second appeal by plaintiff Sudesh Kumar after having lost in both the courts below. Plaintiff-appellant filed suit against the respondents/defendants seeking declaration that the plaintiff is not liable to pay any amount to the defendants nor the defendants have any right, title or interest to recover any amount illegally and forcibly from the plaintiff. Permanent injunction restraining the defendants from recovering any amount from the plaintiff with the help of local police was also claimed. The plaintiff alleged that he used to purchase television sets etc. from the defendants, but for 2/3 years prior to filing of the suit, there was no transaction between the parties. Since the plaintiff started purchasing electronic goods from another place, the defendants nursed a grudge against the plaintiff. They started threatening to recover huge amount from the plaintiff alleging the same to be due from the plaintiff whereas in fact no amount remained due from the plaintiff to the defendants.

(2.) THE defendants broadly denied the plaint allegations. The defendants alleged that the plaintiff purchased goods from the defendants and ultimately a sum of Rs. 1,30,303.00 remained outstanding from the plaintiff to the defendants. Defendants also made counter claim for recovery of the said amount along with interest, total amount being Rs. 1,77,212.00. Plaintiff controverted the counter claim of the defendants and reiterated the version pleaded in the plaint that nothing remained due from him to the defendants.

(3.) I have heard counsel for the appellant and perused the case file including records of the courts below which have been received.