RAMJI LAL LEELA Vs. SHRI MOTI RAM

JUDGEMENT

(1.) The present second appeal has arisen from the judgment and decree dtd. 8/9/1998 passed by learned Additional District and Sessions Judge No.2, Jodhpur in Civil Appeal (Decree) No.22/1998, whereby, the appeal preferred by the present appellant was rejected and the decree dtd. 20/3/1998 passed by learned Additional Civil Judge (Junior Division) and Judicial Magistrate No.5, Jodhpur for recovery of amount of Rs.22,100.00 along with interest @18% was confirmed.

(2.) The plaintiff-respondent herein had filed a suit for recovery of Rs.22,100.00 contending therein that the plaintiff had agreed to purchase a plot from Jagdamba Graha Nirman Sahkari Samiti Ltd., Jodhpur (hereinafter referred to as the 'Sahkari Samiti') for consideration of Rs.1,30,000.00 on 19/8/1983. Part amounts were deposited by him with the Samiti and the receipts of the same were given. In the year 1991, defendant was the President of the Sahkari Samiti and demanded Rs.15,000.00 for the purpose of executing the registration deed of the plot. The defendant received Rs.15,000.00 from the plaintiff and issued a 'Kucchi' receipt and assured that printed receipt of the Sahkari Samiti will be given to him.

(3.) Subsequently, when the printed receipt was not given to the plaintiff, he inquired regarding the same from the Sahkari Samiti wherein he was informed that no such amount has been deposited in his name. On this, the plaintiff demanded the money from the defendant who assured that he will return back the same. However, he did not return back the amount and therefore, the plaintiff issued a notice on 1/3/1994 to the defendant of which no reply was received and thereafter, the plaintiff filed a suit for recovery of the amount along with interest @18% per annum. The original amount was Rs.15,000.00 and the interest up to the date of filing of the suit was Rs.7,100.00. Therefore, a suit was filed for recovery of Rs.22,100.00 with a claim of future interest @ 18% per annum.