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in was HIGH COURT or KARNAEAKA Amt§$N§§i§Rfi j"'-
EATED THIS THE 17"*pA$ as Jfiif}féQ§é fiV'vV
BEEofiE : T"V' xxx V
was HON'BLE Mr.':§sgxcfi"KRL.gzfi§&$AwH5
REGULAR sgconn A$§g§;.No.i2€éZ29$7
BETWEEN: V . A v .
C.P.Nagaraj sfo c.v-§:ak§$h;_ _a
26 years, Exakash Soda Fagtagyf
Gld Bus Stand} 2.BLR¢ad, x». ""
Davanaqéké{«_"** .-.~. = =f ' APPELLART
(By_Advo&a£§*sri.$;v}Ananda5for
Jayakumarv$.Pat;l Assts.)
AND:
1.
The Rég1ona1’$kafisp§rt officer,
Eevaxaj Urs’£ayout, Davanagere.
\_gfieTgtéte of Kafnataka, “””
‘»?1dhana_Saudha, Bangalore.
. Mfg Sri,Mallikarjuna Tempo
A_$alefi.& Service, Nb,269/4,
fiayadeva Cxxcle Road,
Davafiagerewz.
w’.C
» §@;Eajaj fempo Limited,
. =A;Cbmpany having its registered
g office at Akurdi, Pane. .. Rsyoumznms
—.-……..m….;
This Regular Second Appeal is filed under Sec.300
of cpc against the judgment and decree dated 23.1.2007
4.
passed in RA 182/O2 on the file of A«ddlV.AAi._Sesai_bns’__
Judge, Fast Track Court–I, Davanagere,-_é;lawing’ thew:
appeal and setting aside the judgmant and fleareefldétedj
39.7.2002 passed in os No.272;i99 _<:nj;t1;e",A£i1e.'vvg£..,i9a;-1.
Civil Judge (Jr.Dn..) , Bavanageiwe decréeiag 2 Suit
for reaovery of money. '* * s4A 7 " i'
This Appeal is cczn;."ng"V"a:si:i"i»£or éi::tm1_ "'s:§-ioiixi this day,
the Court delivered the faliqwing
J' :3 Va' G? ;2~i5'E'
Appen.a.m:: ' this p'1.a;'~i.z:;.'1':.a'.££."'b-=.-:el.¥.ai:e the 23:3,. Civil
Judge (J2.-.Di$4.} $0.272/99 which suit
was inst7.:itu1;'_Aé£:'ii.5'V1r;::3_g«V tine racovery of R.s.27,?87—00
which was 'V paid of tax to the Regional
wransporyt dfficar', A"'.BVa'§i}ax;agere on amount of the
i:i.istzii:}é* Bajaj Tempo Dealer when is 4"'
fiwgording to him, he approached 4*"
t i fsurchase a tempo txax with a seating
' tzapaaiizy tqf V 9+1. Aecorciingly, "va11:'t.c}.e was delivered
éjci. A' am' ipmiiant. While dalivering the vehicle,
-Snaétiiiiigji capacity of the vehicle was shown as 5+1
“–.izils”tead of 9+1. Vehicle was registereé in the name ofi
Erie appellant-plaintiff. Later, mistake was noticed
by the R510, therefore RTO called. upon the plaintiif ta
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pay difference of tax in regard to the seating
capacity of the vehicle. Accordingly, plaintiff has
paid the anmount. contending that he was raade. tcyrpay a
sum ef R’s.25,’700/– as difference of tax of
the negligence of the dealer, suit _w.:ie_:
suit came ta be decreed. Agaizfflstdiféiaiéih
filed by the dealer in an iaa/269? which else cene to
be allowed by the Addl. See§i.ons Traci;
Court, Davanagere by its 2 dated
23 1.2007. Aggrieved by the h;ve£¢¢3£–§indings of the
courts is filed.
2 . Hea.i*d the the appellant.
3. According _ te 4′ counsel for the appellant,
appellete ceuft: «hasév comzzitted a serious error in
.”~::_-e§re;:.’.,a;.;i.:3.<;.v§; findings ef the trial court without;
cans;i;-61;:-:i}i's*:§_~,:t'ifi§,,~'fa,ct that the appellant was mis-rlead
lhy the dealer of the vehicle in supplying wrong
W _ nt seven thcugh he intended to purchase the
"'*»t;ehicle.*' with seating capacity «of 9+1 but it was
"'-taztrenhrly sheen as 5+1. On account of the latches on
the part of the dealer as the appellant was made to
w.
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pay the axnomzt towards the differencse of tax,frS’ame has
to be made good by the dealer. ‘
4 . Having heard the counsel for the””.–.xpi§§23.’i~aint,
court does not see any substantiofi; ittgiesitiohii’-to.___o£:vo_Ailawt”. –:
involved in this appeal. fox: the téégoofis
Acsmz.’ ttedly appellantu”i’o»ii&:i~.endedV”‘ fiurchase a
vehicle with seating” 3+1. ficcordingly,
sale consideration is Vehicle
the deaier ;i;b_t:._11}$~ ” Efizere my be mistake in
the doc1Vm:e:nt’:V’it:nT’ ‘ti-.3 viseating capacity of the
vehicle when’ oapaoity of the vehicle was
known to ithae” p1é*.iiitif§;’oV it was for him to get the
vehiclgé ” registexoci liae.-fore the Rite, Davanagere by
seating oapaoity of the vehicle. Even
been cast upon the RTO to inspect
the R:fehi::1of~w’ A and register the same. In the
.,_.i’fj;-V’«oircurnstozgries, this court does not see any substantial
it =qi:é_st;i._.of;; of law arises in this appeal.
Accordingly, this appeal. is disrmssed.
éfi
Sé/-A
Fudge
R/220′?09