- (1.) THIS is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby suit for permanent injunction restraining the respondents for recovery of Rs. .1,31,656/ - from him was dismissed.
(2.) ACCORDING to the averments made in the suit, appellant obtained a loan from the defendant -respondents for construction of a house. According to him, the plaintiff repaid the amount, more than the principal amount but the defendants issued illegal notices and harassed him to seek more money. Thus, he moved an application before the Lok Adalat, Mansa, where the defendants were summoned and a settlement was made at Rs. 50,000/ - on 8.2.2003 in the presence of both the parties and the plaintiff was ordered to pay a sum of Rs. 50,000/ -. According to the appellant, he has deposited the entire amount by way of instalments with the defendants as per the award of the Lok Adalat and thus, no amount remained due against him. However, the defendants sent him a notice dated 15.3.2006 for payment of Rs. 1,31,741/ - which was wrong and illegal.
(3.) THEREAFTER , plaintiff sent a notice dated 20.03.2006 to the defendants stating that settlement was made in the Lok Adalat. However, in their reply dated 11.5.2006 to the aforesaid notices, defendants admitted the settlement before the Lok Adalat but other averments were denied by them. Plaintiff is not bound by the aforesaid reply as a settlement has already been made in the Lok Adalat and no amount is due against him. However, the defendants have issued a notice dated 10.06.2006 for payment of Rs. 1,31,656/ - which he is not bound to pay and thus, the necessity arose to file the instant suit. Upon notice, defendants put in appearance and filed written statement raising various preliminary objections. It was submitted that an application was filed by the plaintiff before the Lok Adalat, Mansa, wherein the matter was settled between the parties and plaintiff was directed to pay a sum of Rs. 50,000/ - to the defendants. However, the plaintiff did not obey the conditions imposed by the Lok Adalat and did not deposit an amount of Rs. 50,000/ - in one year as per the terms and conditions of the award and thus, plaintiff himself violated the provisions of award and is not entitled to any relief. It was further submitted that the plaintiff also filed a case in the District Consumer Forum, Mansa, against the defendants which was dismissed. Thus, the plaintiff has not come to the Court with clean hands. It was further stated that plaintiff has obtained a sum of Rs. 55,000/ - from the defendants and executed many documents in their favour and also agreed to pay interest @ 14.5.% per year. He further agreed to pay penal interest @ 3% in case of default. The plaintiff committed default in payment and as such defendants are entitled to recover due amount from the plaintiff along with interest @ 17.5.% per annum. It was further submitted that as per their record, Rs. 1,45,230/ - is due as principal and interest against the plaintiff on 30.06.2006 and thus, the defendants were entitled to recover the entire amount along with interest. The defendants also sent a warning notice dated 23.01.2004 to the plaintiff to deposit an amount of award to clear his account but he did not pay any heed to the said notice. Thus, all other averments contained in the plaint were denied and further prayer was made to dismiss the suit. Plaintiff filed replication to the written statement reiterating the contents of the plaint and controverting the averments made in the written statement.;