HDFC BANK LIMITED Vs. HEERA LAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant - plaintiff/ HDFC bank challenging judgment and decree dated 23.01.2017 passed by the learned Civil Judge (Junior Division), Panipat as well as judgment and decree dated 24.07.2018 passed by the learned District Judge, Panipat to the extent the counter claim of the respondent - defendant has been decreed.

(2.) Brief facts necessary for the adjudication of the case are that the appellant - plaintiff filed a suit for recovery of Rs.90,000/- alongwith pendente lite and future rate of interest @ 18% till its realisation. It is pleaded that the plaintiff - Bank entered into a lease deed/agreement dated 12.04.2013 in respect to the premises as described in the plaint and owned by the defendant. The plaintiff took the premises on lease from the defendant, for a period of 09 years from 12.04.2013 to 11.04.2022. A sum of Rs.90,000/- was paid to the defendant as a refundable security deposit. The lease agreement is Ex. P1. However, the plaintiff - bank on 23.11.2013 sent a communication to the defendant expressing that he did not need the premises any longer and sought to vacate the same on or before 22.02.2014. Refund of the security amount was sought. Possession of the premises was handed over, however, the security amount was not refunded. Reimbursement of electric connection expenses was duly made by the plaintiff - bank as demanded by the defendant. Despite request and legal notice dated 26.02.2015, the amount was not refunded by the defendant. Hence, the suit.

(3.) Following issues were framed by the learned trial Court on the basis of the pleadings of the parties:-