ANNASAHEB Vs. SURESH

JUDGEMENT

(1.) This Second Appeal is filed by the appellant-plaintiff against the judgment and decree passed by the learned VI Addl.District Judge, Belgaum, in R.A.No.56/2007, dated 29th August 2009.

(2.) Plaintiff filed suit in O.S.No.143/2000 for recovery of an amount of Rs.77,658-75 ps. with interest at the rate of 18% and with costs of the suit. By the judgment and decree dated 27th July 2007, the trial Court decreed the suit with costs holding that plaintiff is entitled to recover a sum of Rs.77,658-75 ps. with interest at 6% p.a. from the date of tobacco transaction i.e., 5.4.1998 till realisation of entire suit claim. Against this, defendant-respondent filed R.A.No.56/2007 before the lower Appellate Court. By the impugned judgment and decree, the lower Appellate Court confirmed the recovery of the amount of Rs.77,658-75 ps. however, payment of interest waived. Being aggrieved by the same, plaintiff is before this Court. Heard the learned counsel for respective parties.

(3.) This Court on 16.6.2011 has framed the following substantial question of law for consideration :