- (1.) THIS is an appeal by the unsuccessful defendant arising out of the following facts.:-
(2.) THE plaintiff respondent is a registered partnership firm doing busi ness at Farrukhabad. The plaintiff was anxious to get the agency of Churk Government Cement Factory, Mirzapur. The defendant was then a sitting M. L. A. from Mirzapur Somehow or the other, Bhaskar Datt, a partner of the plaintiff firm, got information that Amresh Chandra Pandey, the defen dant-appellant, being a sitting M. L. A. would be able to influence the officers of the factory in getting the agency for the plaintiff firm. Bhaskar Datt then approached the defendant-appellant who informed Bhaskar Datt that he had acquaintance with the officers of the Ce ment Factory and that he would be able to procure the agency for the plaintiff firm. Accordingly, the defendant-ap pellant handed over a letter to Bhas-kar Datt for Shri T. L. Mahindru, Dir ector of the Factory, to help the plain tiff. This letter did not achieve the desired effect. In June 1962, the defendant sent a telegram to Bhaskar Datt to see him at Mirzapur. Bhaskar Datt went to Mirzapur and then the defendant told him that he would have to spend Rs. 1500/- for getting the agency. Bhas kar Datt gave the aforesaid amount to the defendant, who promised to procure the agency for the plaintiff. After wait ing for some time the plaintiff came to know that Amresh Chandra Pandey, the defendant, had fraudulently obtain ed the aforesaid amount from the plain tiff and had not done anything to help the. plaintiff in getting the agency.
(3.) THEREUPON , Bhaskar Datt went to the defendant and demanded back the money. The defendant told Bhas kar Datt that within a very short period he would be able to get the agency for the plaintiff. Thereafter, the defendant served a notice on the plaintiff with false allegations. This notice clearly in dicated that the defendant's intention was not to return the amount to the plaintiff. The plaintiff then filed a suit against the defendant for the recovery of Rs. 1509.37 paise, as detailed at the foot of the plaint.;