I ARMUGAM Vs. CHANNAGIRI N GOVINDARAJ SHETTY

JUDGEMENT

(1.) At the stage of admission respondent has been served and he is represented through a counsel. The records of the case are also received. As the appeal lies in a very narrow compass, it is admitted. Production of paper books is dispensed with and the appeal is heard for final disposal.

(2.) In the light of the contentions urged by both sides, the following points arise for consideration : 1. Whether the Trial Court is justified on facts and in law in passing a decree for a sum of Rs. 1,23,535 /- on the basis of three cheques dated 12-11-1987, 12-11-1987 and on 27-07-1987 for Rs. 30,000/ - each ? 2. Whether the Trial Court is justified in law and on facts in awarding interest at the rate of 18% p.a. on the principal sum as claimed by the plaintiff from the date of issuance of the cheques up to the date of suit and also from the date of suit till realisation on a sum of Rs. 90,000 / - at the same rate ?

(3.) In this judgment, respondent will be referred to as the plaintiff and the appellant as the defendant.