Ramesh Chandra vs Aman Choudhary
2022 Latest Caselaw 5620 Raj

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

(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/-

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