GANGA MARUTHI Vs. NAGARAJ

JUDGEMENT

(1.) THIS Revision under S. 18 of the Karnataka Small Cause Courts Act 1964 arises from the judgment and decree dated 19-1-1993 passed by the Addl. Small Causes Judge, Mayo Hall, Bangalore, in S. C. No. 10904/91 whereby plaintiff's suit for recovery of money was decreed in part. The plaintiff claims for a sum of Rs. 9,999/- with interest and cost.

(2.) THE trial Court decreed the suit against defendant No. 1 who is respondent No. 1 for a sum of Rs. 7,316/- with proportionate cost and with interest at 6% per annum from the date of suit till the date of realization.

(3.) THE plaintiff's case in the nutshell is that plaintiff who is revisionist in the case (hereinafter referred to as the plaintiff) has been the dealer in Television sets and the 1st defendant had approached the plaintiff to purchase Black and White T. V. set on credit basis on the undertaking given by defendant Nos. 4 and 5 along with Chief Officer, Town Municipal Council, Hoskote and Byrappa, Accountant, Town Municipal Council, Hoskote, and on the surety of defendants-2 and 3 Crompton Creaves T. V. set was sold to the last defendant on 6-2-1990 on credit and the 1st defendant had assured and made plaintiff to believe that he would pay the value of T. V. set in 36 equal monthly instalments at the rate of Rs. 236/- per month and in case of default pernalty of Rs. 100/- for each defaulting month.