BRIJ MOHAN BEDI Vs. ANUP SHARMA

JUDGEMENT

(1.) The civil suit for recovery of an amount of Rs.47,500.00 alongwith interest was instituted by the respondent against the appellant. Learned Trial Court decreed the suit on 31/5/2005 for an amount of Rs.40,000.00 alongwith interest @ 6% per annum from the date of accrual i.e. 1/4/2000 till its realization. The judgment and decree passed by the learned Trial Court was affirmed by the learned First Appellate Court on 5/9/2008. Having lost in both the learned Courts below, the defendant has preferred the instant appeal under Sec. 100 of the Code of Civil Procedure.

(2.) (i). The case put-forth by the respondent-plaintiff was that an agreement Ext. PW1/A was entered into between the parties on 14/6/1999. This agreement was in respect of running the business of Cafe 'Mrigni' at Gopalpur for a period of 12 months from 31/3/1999 to 31/3/2000. In terms of this agreement, plaintiff had paid a sum of Rs.1.00 lac to the defendant as costs of crockery, furniture, kitchen equipments etc. lying in the premises. A sum of Rs.40,000.00 was paid by the plaintiff to the defendant as security for the use of latter's beer bar licence upto 31/3/2000. It was submitted that plaintiff had used the beer bar licence of the defendant till 31/3/2000. He ran the beer bar in accordance with law and was not challaned for any kind of violation. He had not disobeyed any instructions of the beer bar licence, therefore, was entitled to the refund of security amount of Rs.40,000.00 alongwith interest from 1/4/2000 onwards. The defendant had failed to refund the security amount of Rs.40,000.00 to the plaintiff despite repeated requests, hence, suit for recovery was instituted.

(3.) This appeal was admitted on 2/3/2009 on the following substantial question of law:-