LAWS(HPH)-2010-11-136

BHARAM DEV SOOD Vs. ASHA

Decided On November 09, 2010
BHARAM DEV SOOD Appellant
V/S
ASHA Respondents

JUDGEMENT

(1.) THIS Regular Second Appeal under Section 100 C.P.C. has been filed by the appellant/plaintiff against the judgment and decree of the Court of learned Additional District Judge, Solan, dated 10.3.2000, modifying the judgment and decree passed by the Court of learned Sub Judge Ist Class, Kandaghat, dated 2.7.1999.

(2.) BRIEFLY stated, the facts of the case are that the appellant hereinafter also referred to as the plaintiff filed a suit for recovery of Rs.45,093.55 Paise as against the respondent hereinafter also referred to as the defendant. The suit was filed as against the original defendant Mohan Singh, now represented by his L.Rs. It was alleged by the plaintiff that he owns and runs a saw mill for the last about 30 years. The defendant in the first week of May, 1992, in the company of one Shri Tulsi Ram approached the plaintiff to run the saw mill on 50% basis. As per the agreement, labour etc. was to be provided by the defendant and in addition, the defendant was to provide 50% investment and the plaintiff was to hand over the saw mill for manufacturing boxes for vegetable etc. As per agreement dated 5.5.1992, which was entered into orally in presence of Tulsi Ram, the defendant started running the saw mill on 9.5.1991 and ran the mill till 15.12.1992. It was also alleged that the accounts etc. were being maintained by the defendant and the plaintiff has nothing to do with the accounts and after 15.12.1992, the defendant gave the detail of accounts to the plaintiff and as per the said accounts settled, a sum of Rs.45,093.55 Paise is due against the defendant, which he promised to pay within a month, but the same was not paid inspite of a registered notice served upon the defendant, hence the suit for recovery of the amount filed by the plaintiff.

(3.) ON the pleadings of the parties, the following issues were settled by the learned trial Court:-