GURDEEP SINGH Vs. CHAUDHARY HARDAYAL

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgments and decree dated 22.11.2007 passed by the learned lower appellate court vide which suit filed by the plaintiff/respondent for the recovery of Rs. 1,93,262.80 along with future interest stands decreed.

(2.) THE plaintiff/respondent brought a suit on the pleadings that it is running a business of commission agency and a number of agriculturists sell their agricultural produce to it. The defendant-appellant besides being T-Mate in Government service is also an agriculturist as he takes the agricultural land on lease and also takes land from other land-owners for cultivation on share of produce.

(3.) THE suit was contested by the defendant-appellant wherein the case set up by the plaintiff/respondent was denied. It was claimed that the accounts books were bogus and fabricated, as account was only in the name of his father namely Shri Jangir Singh. That the defendant had only 2 kanals of land, thus, there was no question of making promise of sale of agricultural produce. The suit was said to be barred under Order 2 Rule 2 of the Code of Civil Procedure (for short the Code), as in the suit filed by the plaintiff against his brother and father, the relief claimed in the present suit was not included. It was also the case of the defendant that the plaintiff concealed the factum of selling paddy through its agency on 22.10.1995 in the account of Jangir Singh, the weight of which was 40 quintals 98 kilograms and the same was sold at the rate of Rs. 395/- per quintal and a sum of Rs. 16,187.10 was realised by the plaintiff. Certain other transactions were also alleged.