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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
BIPIN GUPTA
Ramji Lal Leela, S/o. Shri Bajrang Lal Leela – Appellant
Versus
Moti Ram, S/o. Shri Girdhari Lal – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. The present second appeal has arisen from the judgment and decree dated 08.09.1998 passed by learned Additional District and Sessions Judge No.2, Jodhpur in Civil Appeal (Decree) No.22/1998, whereby, the appeal preferred by the present appellant was rejected and the decree dated 20.03.1998 passed by learned Additional Civil Judge (Junior Division) and Judicial Magistrate No.5, Jodhpur for recovery of amount of Rs.22,100/- along with interest @18% was confirmed.
2. The plaintiff-respondent herein had filed a suit for recovery of Rs.22,100/- contending therein that the plaintiff had agreed to purchase a plot from Jagdamba Graha Nirman Sahkari Samiti Ltd., Jodhpur (hereinafter referred to as the ‘Sahkari Samiti’) for consideration of Rs.1,30,000/- on 19.08.1983. Part amounts were deposited by him with the Samiti and the receipts of the same were given. In the year 1991, defendant was the President of the Sahkari Samiti and demanded Rs.15,000/- for the purpose of executing the registration deed of the plot. The defendant received Rs.15,000/- from the plaintiff and issued a ‘Kucchi’ receipt and assured that printed receipt of the Sahkari Samiti will be given t
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