MUNICIPAL BOARD KHUMBER Vs. YADU NATH SINGH

JUDGEMENT

(1.) This civil first appeal under Section 96 of the Code of Civil Procddure has been preferred by the plaintiff-appellant against the judgment and decree dated 22-9-1987 whereby learned Additional District Judge No. 2, Bharatpur dismissed the suit for recovery of Rs. 11,914/-.

(2.) The relevant facts in brief are that the plaintiff filed a suit for recovery of Rs. 11.9147- with the facts that the defendant-respondent participated in a public auction for holding a cattle fair in July, 1982. Highest bid of Rs. 30.000/- made by the defendant was accepted by the plaintiff and in pursuance thereof the defendant deposited a sum of Rs. 7.000/- as earnest money and managed the fair held during the period commencing from 20-7-1982 to 26-7-1982. The total collection of income during this period came to Rs. 12.646/-. A total sum of Rs. 19.646/- (Rs. 12.646/- + Rs. 7000/-) was adjusted against the bid amount of Rs. 30,000/-and thus a sum of Rs. 10.354/- in balance was to be paid by the defendant to the plaintiff, which he failed to pay in spite of demands and notice. The plaintiff claimed a decree of total sum of Rs. 11,914/- including a sum of Rs. 1560/- as interest @ rupee 1 per month.

(3.) The defendant in his written statement while admitting the facts relating to bid and deposit of advance money denied other allegations that he managed the fair and collection the amount as pleaded in para 5 of the point. He raised certain objections with regard to maintainability of this suit.