T K MALHOTRA Vs. BHARAT BHUSHAN ARORA

JUDGEMENT

(1.) BY this common judgment, it is proposed to decide two appeals being RFA No. 293/2002 and RFA No. 436/2002, the former instituted by the defendant in Suit No. 552/93 (Old Suit No. 1273 of 1986) titled Sh. Bharat Bhushan Arora Vs. T.K. Malhotra, and the latter by the plaintiff in the said suit.

(2.) IN the first appeal, the appellant seeks to assail the judgment and decree dated 24.01.2002 passed by the learned Additional District Judge in the aforesaid Suit being in the sum of Rs. 1,38,308.53 (Rupees one lakh thirty eight thousand three hundred eight and paise fifty three only) with pendente lite and future interest thereon at the rate of 6% per annum from the date of the institution of the suit till the date of realization. It is proposed to deal first with this appeal.

(3.) IN the replication filed by the respondent, the averments made in the written statement contrary to the plaint were denied and those made in the plaint were reiterated.