S BALASUBRAMANIAN CHETTIAR Vs. ARVIND ENTERPRISES TIRUNELVELI

JUDGEMENT

(1.) The above Appeal is directed against the judgment and decree dated 23-1-1989 made in A.S. No. 73 of 1987 by the Court of Principal Subordinate Judge, Tirunelveli thereby modifying the judgment and decree dated 19-2-1987 made in O.S. No. 790 of 1983 by the Court of District Munsif, Tirunelveli.

(2.) Adverting to the facts and circumstances encircling the whole affair, the respondent herein filed a suit in O.S. No. 790 of 1983 on the file of the Court of District Munsif, Tirunelveli for recovery of a sum of Rs. 8,294-31 ps. against the appellants herein with future interest at 12% p.a. from the date of plaint till the date of realisation and for costs thereby contending that the appellant/defendant is having business transactions with him during such transactions, he became liable to pay the said amount.

(3.) The appellant-defendant filed a written statement before the trial Court thereby submitting that he is not liable to pay any interest on the outstanding khata amount and mere printing in the bill about the quantum of interest will not bind him to pay any interest. Further submitting that he is liable to pay only Rs. 3, 621-78 ps., he has prayed the Court to pass decree only to that extent.