SHARMA ENTERPRISES &ANR Vs. SURINDER ARORA

JUDGEMENT

(1.) R.S.A. No.187/2014

(2.) I do not agree with the contention of the learned counsel for the appellants that there is any perversity in the finding of fact recorded by the concurrent finding of facts. This would be evident from perusal of the appellate court's order itself. In this regard, instead of repeating the order of the First Appellate Court, it may be pertinent here to reproduce the findings recorded by the First Appellate Court with regard to issue nos.1 & 2. The said order reads as under:-

(3.) The learned First Appellate Court has rightly observed that in a suit, the civil court has to decide the issues on the basis of preponderance of probability and not by the question of beyond reasonable doubt. In the instant case, both the learned Trial Court as well as the First Appellate Court have upheld the claim of the respondent for recovery of Rs.63,297/- along with interest at the rate of 18% per annum only on the basis of preponderance of probability.