ANTONI Vs. ANDROSE

JUDGEMENT

(1.) IN the present suit, the plaintiff/ surety claims from the defendant a sum of Rs. 10,000/- said to be the loss suffered by him as a result of the sale of his property in execution of the decree in O. S. No. 21 of 1975. The court below passed a decree in favour of the plaintiff for the said sum of Rs. 10,000/ -.

(2.) SHRI. T. R. Raman Pillai appearing for the defendant/ appellant does not dispute that the defendant is liable to indemnify the surety in terms of S. 145 of the Indian Contract Act, 1872. He, however, submits that the liability of the defendant is limited to Rs. 7,000/ -.

(3.) IN the circumstances, we are of the view that the learned judge was in error in passing a decree in excess of Rs,7,000/ -. The decree shall accordingly stand reduced to the said sum of Rs. 7,000/ -. together with interest thereon at 6 per cent per annum and the proportionate cost. The appeal is allowed to this limited extent. Allowed. . .