BHUPINDER KUMAR AGGARWAL Vs. K R S BUILDERS

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby in a suit for recovery of the amount of Rs. 2 lacs as principal amount and Rs. 1,08,000/- towards the interest, a decree for recovery of Rs. 2 lacs along with interest @ 12% per annum from 27.4.1994 till the date of decree, was passed by the learned trial Court. Such decree was affirmed in appeal.

(2.) It is the case of the plaintiff that a sum of Rs. 2 lacs was advanced as loan vide cheque dated 27.4.1994 drawn on UCO Bank, Industrial Area Branch, Jalandhar, but when the plaintiff sought refund of the said amount, the same was declined.

(3.) In the written statement, the defendant has taken up a stand that the plaintiff has agreed to purchase the land measuring 45 kanals 18 marlas @ Rs. 50,000/- per marla. The said amount of Rs. 2 lacs was paid as earnest money and another sum of Rs. 5,50,000/- was paid subsequently in the month of January, 1994 and March 1995 by different cheques. Since the plaintiff tried to enter into an agreement with the brothers of the defendant, therefore, the deal with the defendant was abandoned. Still further it has been found that the plaintiff has tried to raise illegal construction by trespassing over the land in question. It was denied that the sum of Rs. 2 lacs was ever taken on loan or that the defendant is liable to pay any interest on the same.