JUDGEMENT
L.N.MITTAL, J. -
(1.) THIS is second appeal by plaintiff Sudesh Kumar after having
lost in both the courts below.
Plaintiff-appellant filed suit against the respondents/defendants
seeking declaration that the plaintiff is not liable to pay any amount to the
defendants nor the defendants have any right, title or interest to recover any
amount illegally and forcibly from the plaintiff. Permanent injunction
restraining the defendants from recovering any amount from the plaintiff
with the help of local police was also claimed. The plaintiff alleged that he
used to purchase television sets etc. from the defendants, but for 2/3 years
prior to filing of the suit, there was no transaction between the parties.
Since the plaintiff started purchasing electronic goods from another place,
the defendants nursed a grudge against the plaintiff. They started
threatening to recover huge amount from the plaintiff alleging the same to
be due from the plaintiff whereas in fact no amount remained due from the
plaintiff to the defendants.
(2.) THE defendants broadly denied the plaint allegations. The defendants alleged that the plaintiff purchased goods from the defendants
and ultimately a sum of Rs. 1,30,303.00 remained outstanding from the plaintiff
to the defendants. Defendants also made counter claim for recovery of the
said amount along with interest, total amount being Rs. 1,77,212.00.
Plaintiff controverted the counter claim of the defendants and
reiterated the version pleaded in the plaint that nothing remained due from
him to the defendants.
Both the courts below have dismissed the suit of the plaintiff and have decreed the counter claim of the defendants for recovery of Rs.
1,77,212.00 with interest. Feeling aggrieved, the plaintiff has filed this second appeal.
(3.) I have heard counsel for the appellant and perused the case file including records of the courts below which have been received.;
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