Rajasthan High Court - Jodhpur
Ramesh Chandra vs Aman Choudhary on 18 April, 2022
Author: Rameshwar Vyas
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 9/2022
Ramesh Chandra S/o Mukan Lal Arora, Aged About 71 Years, C-
46, Prem Nagar, Sriganganagar
----Appellant
Versus
Aman Choudhary S/o Omprakash Jat, Shop No. 28/3,4,5 Gandhi
Chowk, Gol Bazar, Sriganganagar
----Respondent
For Appellant(s) : Mr. C.S. Kotwani with
Ms. Swati Shekhar
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order 18/04/2022 The present second appeal under Section 100 CPC has been filed against the judgment and decree dated 18.10.2021 passed by the learned Additional District Judge, No.2, Sriganganagar in Appeal No. 22/2018 titled as 'Ramesh Chandra vs. Aman Choudhary' whereby appeal was dismissed and the judgment dated 13.8.2018 passed by the learned Civil Judge, Sriganganagar in Civil Original Case No. 105/2014 was upheld.
Heard the learned counsel for the appellant and perused the record.
As per the case of the plaintiff - appellant herein, entered into an agreement with the defendant - respondent herein, who purchased three showrooms for which he paid entire amount but the respondent issued receipt of only 20% of the amount. The appellant filed a suit for injunction with the prayer not to transfer the showrooms to anybody. The suit was dismissed (Downloaded on 18/04/2022 at 08:19:55 PM) (2 of 2) [CSA-9/2022] by the trial court against which first appeal filed by the appellant was also dismissed vide judgment dated 18.10.2021. Aggrieved by the judgment and decree dated 18.10.2021, the present second appeal has been filed.
During the arguments, learned counsel for the appellant while drawing the attention of this Court towards the statement of P.W.2, contends that though full consideration was paid to the respondent, however, the receipt was given only of 20% of the total amount.
No reasons have been shown as to why appellant did not file a suit seeking specific performance or in alternative suit for recovery of the amount paid. Suit seeking injunction simplicitor filed by the appellant in the present case is not maintainable, without seeking any relief for specific performance. Respondent has also raised an objection in this regard, upon which issue no.5 was framed by the trial court. Both the courts below have rightly dismissed the suit of the plaintiff - appellant herein.
No substantial question of law is involved for consideration in this second appeal; the appeal is not fit to be admitted. Hence, the same is dismissed.
Record of the trial court be sent back forthwith.
(RAMESHWAR VYAS),J 16-Mak/-
(Downloaded on 18/04/2022 at 08:19:55 PM) Powered by TCPDF (www.tcpdf.org)