JUDGMENT

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 22.11.2010 made in A.S.No.29 of 2009 passed by the learned VI Additional Judge, City Civil Court, Chennai confirming the judgment and decree dated 10.04.2008, dismissing the suit in O.S.No.6614 o f2006 passed by the learned XII Assistant Judge, City Civil Court, Chennai.)

1. Aggrieved over the concurrent findings of the Courts below the unsuccessful plaintiff has preferred the above Second Appeal.

2. The suit was filed for permanent injunction restraining the defendant from encumbering or selling the A.L. Bus bearing registration No.PY-01-T-1677 to any third party for a consequential mandatory injunction to return back the same to the plaintiff.

3. The case of the plaintiff is that he availed hire purchase loan to the tune of Rs.10,00,000/- from the defendant. He was actually paid a sum of Rs.7,70,000/- out of Rs.10,00,000/-. Besides a sum of Rs.55,000/- was taken for service charge and the balance amount of Rs.2,30,708/- was retained by the defendant as deposit. As per the agreement, the plaintiff shall repay the loan amount along with interest at the rate of 36% in 36