- (1.) This is an appeal by original defendant in Civil Original Suit No. 93/2002 Sankarlal Vs. Ganpati Property Dealing challenging the judgment and decree dated 29.10.2004 passed by Addl. District Judge No.2, Jodhpur decreeing the suit of the plaintiff for recovery of Rs.72,000/- with interest @ 9% from the date of filing of suit till realization.
(2.) The original plaintiff, filed the aforesaid civil suit on the averments in the plaint that he lured by the advertisement published by defendant purchased Plot No.62 of Khasra No.13 at Sangariya for a consideration of Rs.60,000 and in total paid an amount of Rs.49,000/- against various receipts.
(3.) According to him the balance amount of Rs.11,000/- was agreed to be paid at the time of registry of the plot, however, thereafter it came to his knowledge that the plot in question which was agreed to be sold by the defendant to him was not in the ownership of the defendant but was the ownership of somebody else so he rebuked the defendant and asked for return of the money whereupon the defendant on 11.02.2001 in writing agreed to refund the amount by 15.07.2001 but despite repeated contacts the amount was not paid back. He claimed a sum of Rs.72,000/- calculating interest @ 12% on the sum of Rs.49,000 paid.;