SHAM LAL Vs. PARDAKHAN SINGH

JUDGEMENT

(1.) PRESENT regular second appeal is against judgment and decree dated 15.11.2011 passed by Additional District Judge, Gurdaspur whereby appeal against judgment and decree dated 14.11.2007 passed by Additional Civil Judge (Senior Division), Gurdaspur was dismissed.

(2.) FOR the sake of convenience the parties are being referred to as per their status before the Court of first instance.

(3.) DEFENDANT contested the suit taking the plea that he had received Rs. 1,50,000/ - as earnest money and executed agreement of sale dated 27.11.2011. As per defendant, he is a commission agent and carrying on his business as such Puran Masih along with Tarsem Masih and Khushipur were working in the mandi. Plaintiff approached Puran Masih and Tarsem Masih and expressed his desire to invest Rs. 1,50,000/ - with the defendant in the commission agent business and defendant agreed to said proposal and as such a sum of Rs. 1,50,000/ - was invested with the defendant on 27.11.2011. The amount was duly recorded in the account books which were being maintained regularly maintained by the defendant. On 11.11.2002 a sum of Rs. 1,00,000/ - was returned to the plaintiff. Thereafter plaintiff demanded Rs. 40,000/ - on 17.01.2003 for purchase of dowry articles of his daughter and on 17.01.2003 defendant paid Rs. 40,000/ -. Another sum of Rs. 20,000/ - was paid to the plaintiff. Similarly on 28.10.2003 payment of Rs. 20,000/ - was paid to the plaintiff and similarly on 28.10.2003 payment of Rs. 20,000/ - was made to the plaintiff and on 27.11.2003 payment of Rs. 3,000/ - was made and on 15.12.2003 payment of Rs. 500/ - was made. On 12.02.2004 entire amount along with interest was settled in presence of the plaintiff and a sum of Rs. 8500/ - was paid to the plaintiff in presence of Tarsem Masih and Puran Masih. The agreement of sale was written as a security of the amount and the same was never intended to be an agreement of sale and as such defendant prayed that suit be dismissed.