B.R.RAVINDRANATH Vs. A.DHARMAVENI

JUDGEMENT

(1.) This Regular First Appeal is arising from the judgment and decree in O.S.No.70/2006 on the file of II Additional Senior Civil Judge at Kolar. The unsuccessful plaintiff in the said suit for recovery of money is before this Court under Sec. 96 of the Code of Civil Procedure, 1908 (for short 'the Code').

(2.) The suit is based on a transaction said to have taken place on 7/3/2003. The plaintiff claims that he lent Rs.1.00 lakh as a loan to the defendant and the defendant agreed to repay the loan amount within one year from the date of loan transaction along with interest @ 2% per month. The plaintiff also claims that the defendant executed a document on 7/3/2003 evidencing loan transaction and also the mortgage of defendant's property as a security for the loan.

(3.) The plaintiff issued a notice demanding the amount on the premise that the defendant defaulted to pay the amount. The defendant replied to the notice denying the transaction. Thus, the suit was filed to recover Rs.1,72,000.00. The said amount of Rs.1,72,000.00- comprises Rs.1.00 lakh towards principal amount and Rs.72,000.00 towards interest accrued as on the date of the suit. The plaintiff has also claimed interest @ 2% per month from the date of the suit till the realisation of the decreetal amount.