Calcutta High Court
Bhola Yadav vs Rani Jena on 10 November, 2022
1
IN THE HIGH COURT AT CALCUTTA
(Ordinary Original Civil Jurisdiction)
ORIGINAL SIDE
Present:
The Hon'ble Justice Krishna Rao
CS 193 of 2017
IA No: GA/3/2019
Bhola Yadav
Versus
Rani Jena
Mr. S.E. Huda
.....For the Plaintiff
Heard on : 04.11.2022
Judgment on : 10.11.2022
Krishna Rao, J.:
The plaintiff has filed the instant suit praying for a sum of Rs.
27,44,000/- against the defendant along with interest @ 15 % per annum
with effect from 19.08.2017.
The family of the plaintiff and the family of the defendant' sister had a
cordial relationship, being neighbors. In the month of January, 2012, the
defendant had disclosed to the plaintiff that the defendant is in need of a
residential accommodation and he had a talk with a developer with respect
of Premises No. 88, Viveknagar, Titagarh, Khardah, West Bengal for the
2
purpose of purchasing of a residential flat measuring 850 sq.ft. (approx) on
the 3rd floor of the said building. The defendant had informed the plaintiff
that the cost of the flat is about Rs. 18,20,000/-. Defendant has requested
the plaintiff to pay Rs. 18,20,000/- and had assured that the amount will
return within two and half years by selling his landed property situated at
Orissa. Taking into consideration of the request made by the defendant and
the relationship between the plaintiff and the defendant, the plaintiff and
the defendant had entered into an agreement on 14.03.2012 wherein the
plaintiff had agreed to pay Rs. 18,20,000/- to the defendant and the
defendant had assured that the said amount will return within two and half
years from the date of execution of the agreement. At the time of execution
of the agreement, plaintiff has paid an amount of Rs. 1,00,000/- to the
defendant and the defendant had acknowledged the receipt of the same.
Subsequently, the plaintiff has paid the remaining amount of Rs.
17,20,000/- on the following dates :-
Sl. Date Amount Disbursed
No.
1.
10.09.2012 Rs. 1,50,000/-
2. 29.11.2012 Rs. 1,50,000/-
3. 09.01.2013 Rs. 2,00,000/-
4. 17.02.2013 Rs. 1,00,000/-
5. 19.04.2013 Rs. 2,00,000/-
6. 18.06.2013 Rs. 2,00,000/-
7. 25.07.2013 Rs. 1,50,000/-
8. 09.08.2013 Rs. 1,00,000/-
9. 29.09.2013 Rs. 1, 20,000/-
10. 22.09.2013 Rs. 2,00,000/-
11. 05.01.2014 Rs. 1,50,000/-
Total Rs. 17,20,000/-
After receipt of the said amount, the defendant had purchased the flat
on 30.01.2014. Even after completion of two and half years, the defendant
has not paid the said amount to the plaintiff as assured by the defendant.
On 15.12.2016, the defendant had again approached the plaintiff for further
loan of Rs. 80,000/- for the purpose of meeting, the expenses of the last
rites of her deceased father and assured that the said amount will be
returned to the plaintiff as early as possible. As per the request made by the
defendant, the plaintiff has further paid an amount of Rs. 80,000/- to the
defendant. On 01.02.2017, the defendant had again approached the plaintiff
for a loan of Rs. 25,000/- for the purpose of urgent medical treatment of her
uncle with the promise that she will return the said amount within three (3)
months. As per the request made by the plaintiff, the plaintiff has again paid
the amount of Rs. 25,000/- to the defendant. Altogether, the plaintiff has
paid the total amount of Rs. 19,25,000/- to the defendant out of the total
amount, the defendant has returned only Rs. 44,000/- to the plaintiff in the
following manner : -
Sl. Date Amount
No.
1. 13.06.2016 Rs. 18,000/-
2. 23.12.2016 Rs. 6,000/-
3. 07.02.2017 Rs. 20,000/-
Total Rs. 44,000/-
The defendant has paid the said amount of Rs. 44,000/- to the
plaintiff by depositing the same in the bank account of the plaintiff.
Thereafter, the defendant has not paid/returned any further amount inspite
of several requests made by the plaintiff and accordingly the plaintiff has
filed the instant suit.
As per record, after receipt of writ of summons, the defendant entered
appearance in the instant suit through the Learned Advocate on 29.08.2018
but the defendant has not filed written statement. Vide order dt.
11.11.2019, this Court has fixed the case as undefended suit. The plaintiff
has adduced one witness and during the examination of the plaintiff's
witness altogether seven documents were exhibited.
Exhibit - '1' : General Power of Attorney executed by the plaintiff in
favour of the one Sumit Mukhopadhyay to represent the instant suit before
this Court.
Exhibit - '2' : Agreement dt. 14.03.2012 entered between the plaintiff
and the defendant along with the money receipt of Rs. 1,00,000/-.
Exhibit - 3 Collectively : Money receipt of Rs. 1,50,000/- dt.
10.09.2012 executed by the defendant, money receipt for an amount of Rs.
1,50,000/- dt. 29.11.2012 executed by the defendant, money receipt for an
amount of Rs. 2,00,000/- dt. 09.01.2013 executed by the defendant, money
receipt for an amount of Rs. 1,00,000/- dt. 17.02.2013 executed by the
defendant, money receipt for an amount of Rs. 2,00,000/- dt. 09.04.2013
executed by defendant, money receipt for an amount of Rs. 2,00,000/- dt.
18.06.2013 executed by the defendant, money receipt for an amount of Rs.
1,50,000/- dt. 25.07.2013 executed by the defendant, money receipt for an
amount of Rs. 1,00,000/- dt. 09.08.2013 executed by the defendant, money
receipt for an amount of Rs. 1,20,000/- dt. 29.09.2013 executed by the
defendant, money receipt for an amount of Rs. 2,00,000/- dt. 22.11.2013
executed by the defendant, money receipt for an amount of Rs. 1,50,000/-
dt. 05.01.2014 executed by the defendant.
Exhibit - '4' : Certified copy of the Deed of Conveyance dt.
30.01.2014.
Exhibit - '5' : Money receipt for an amount of Rs. 80,000/- dt.
15.12.2016 executed by the defendant.
Exhibit - '6' : Money receipt for an amount of Rs. 25,000/- dt.
01.02.2017 executed by the defendant.
Exhibit - '7' : Bank Passbook of the plaintiff.
As per the case of the plaintiff, the defendant had borrowed an
amount of Rs. 18,20,000/- from the plaintiff for the purpose of purchase of
flat and an agreement was entered between the parties. As per agreement,
the plaintiff has paid Rs. 18,20,000/- to the defendant. Subsequently, also
the defendant has borrowed an amount of Rs. 80,000/- and Rs. 25,000/-
from the plaintiff and had executed the money receipts. After receipt of the
amount from the plaintiff, the defendant has purchased one flat by entering
into Deed of conveyance. Out of the total amount of Rs. 19,25,000/-, the
defendant has paid only Rs. 44,000/- and the remaining amount was
unpaid. The plaintiff has made several requests to the defendant but the
defendant has not paid the amount to the plaintiff. The documents
established that the defendant has borrowed an amount of Rs. 19,25,000/-
on different occasions and out of which only Rs. 44,000/- was repaid and
the balance amount has not been paid by the defendant to the plaintiff. It is
also proved through the Exhibit - '4' that after receipt of the amount from
the plaintiff, the defendant had purchased the flat. Though the defendant
had entered appearance but has not filed the written statement and
subsequently he failed to appear in the suit and the suit proceeded
undefended against the defendant.
After going through the averments of the plaint, the evidence and the
documents exhibited by the plaintiff, it is proved that the plaintiff has paid
the total amount of Rs. 19,25,000/- to the defendant and the defendant had
acknowledged the same by way of various money receipts inspite of receipt
of the said amount and inspite of the assurance given by the defendant, the
defendant failed to repay the said amount except Rs. 44,000/-.
In view of the above, this Court finds that the plaintiff is entitled to get
an amount of Rs. 18,81,000/- along with interest from the defendant.
The plaintiff may get a decree for an amount of Rs. 18,81,000/-
against the defendant and the defendant is directed to pay the said amount
to the plaintiff within sixty (60) days from date. The plaintiff is also entitled
to get interest on an amount of Rs. 18,81,000/- @ 12% per annum with
effect from 19.08.2017 till the realization of the said amount.
CS 193 of 2017 along with IA No. GA 3 of 2019 are disposed of.
Decree be drawn accordingly.
(Krishna Rao, J.)
