LALRINNGHETI Vs. GANESH CHHETRI
HIGH COURT OF GAUHATI (AT: AIZAWL)
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Michael Zothankhuma, J. -
(1.) Heard Mr. Victor L. Ralte, learned counsel for the appellants as well as Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. H. Lalmalsawmi, learned counsel appearing for the respondent.
(2.) The appellants have filed the present second appeal against the Judgment and Order dated 25.04.2016 passed by the Court of the learned Additional District Judge-II, Aizawl in RFA No. 15/2015. The facts of the case in brief is that the appellant No. 1 had hired the JCB of the respondent at an hourly rate of Rs. 1800/-, which was put down in writing, vide an Agreement dated 12.05.2008, executed between the appellant No. 1 and the respondent. The appellant No. 1 is the wife of the appellant No. 2.
(3.) As the entire hiring charges of the JCB was not paid by the appellant, the respondent filed Money Suit No. 34/2010 in the Court of the Senior Civil Judge, Aizawl against the appellant No. 1, praying for a decree for recovery of Rs. 2,93,700/-, as the balance hiring charges of the JCB from the appellants. The appellants took the plea that they were not liable to pay Rs. 2,93,700/- to the respondent as the respondent's JCB had worked for only 489 hours. The bill amount for 489 hours amounted to Rs. 8,80,200/-. As Rs. 6 lakh had already been paid by the appellants to the respondent, balance amount that was left to be paid was Rs. 2,80,200/-. However, the appellants took the stand that as the appellant No. 1 was the Power of Attorney holder of one J.H. Lalthianghlima, in respect of the J.H. Lalthianghlima's contract work in which the respondent's JCB was being used, the said J.H. Lalthianghlima was to pay the balance Rs. 2,80,200/- to the respondent, as the Power of Attorney given by Sh. J.H. Lalthianghlima to the appellant No. 1 had been revoked.;
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