RAJ KUMAR vs DARSHAN CHAWLA

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 39/2018, CM APPL. 8027/2018, CM APPL. 8028/2018 RAJ KUMAR .....Appellant Through: Ms. Monica Kapoor, Ms. Bhavya Singh, Advs. with appellant. versus DARSHAN CHAWLA .....Respondent Through: Mr. C.L. Dhawan, Ms. Aanchal Bansal, Advs. % Date of Decision: 25.03.2025. CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA JUDGMENT DINESH KUMAR SHARMA, J. (Oral) 1. The present Regular Second Appeal has been filed under Section 100 of CPC challenging the order and judgment dated 25.10.2017 passed by learned Additional District Judge-02, North, Rohini Courts, Delhi in Regular Civil Appeal No. 5/17 titled Sh. Raj Kumar vs. Sh. Darshan Chawla, vide which judgment dated 26.07.2016 passed by learned JSCC-Cum-ASCJ- Cum- GDN Judge, North, Rohini Courts, Delhi in Civil Suit No. 534433/16 titled Darshan Chawla vs. Raj Kumar was upheld. RSA 39/2018 Page 1 of 14 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:02.04.2025 14:58:45 2. Briefly stated, the facts of the case are that the respondent (hereinafter referred to as „Plaintiff‟) filed a suit for the recovery of Rs. 2,66,220/- along with pendent lite and future interest. It has been alleged in the plaint that the appellant (hereinafter referred to as „Defendant‟) had approached the Plaintiff for financial assistance in purchasing a flat from the DDA and persuaded the Plaintiff to extend monetary help. Consequently, a sum of Rs. 2,40,000/- was paid by the Plaintiff at the request of the Defendant for the purchase of Flat No. GH-4/365, LIG, First Floor, Sector-28, Rohini, Delhi. It was further stated in the plaint that the Defendant and his wife executed a receipt dated 02.11.2012, acknowledging receipt of Rs. 2,40,000/- and the Defendant represented that the amount was d