BHAN SINGH AND ORS. Vs. JAGIR SINGH

JUDGEMENT

(1.) PLAINTIFFS are in second appeal against concurrent judgments and decrees passed by the Courts below.

(2.) SUIT for recovery of Rs. 7,05,000/ - along with interest @ 12% per annum was filed by the plaintiffs on the ground that the defendant assured the plaintiffs for appointing their sons in Merchant Navy. For this purpose, plaintiffs had to pay Rs. 1,20,000/ - for each appointment. On 09.08.2000, plaintiff No. 1 Bhan Singh paid Rs. 96,000/ - and other plaintiffs also paid amount on various occasions to the defendant as detailed in the plaint, thereby making total tally of Rs. 7,35,000/ -. Remaining amount was to be paid by the plaintiffs after the appointment of their sons/wards in Merchant Navy.

(3.) ON 01.08.2001, defendant failed to return the amount and requested for more time. Plaintiffs again demanded the amount on 23.09.2001, but the defendant promised to pay the amount on 30.10.2001. On 30.10.2001, also defendant did not make the payment, rather promised to return the same on 18.11.2001. However, on 18.11.2001 defendant again promised to return the amount of Rs. 60,000/ - in cash and to give 1 1/2 acres of land. Neither the amount was paid, nor the land was given which ultimately prompted the plaintiffs to file the suit in question.