SUNDARAVEL INDUSTRIES Vs. SORNA AGENCIES

JUDGEMENT

(1.) C.R.P.No.1035 of 1989: The defendant is the petitioner in this civil revision The petitioner has filed this civil revision petition against the judgment and decree O.S.No.354 of 1987, dated 26.12.1988 on the file of the Principal District Munsif, challenging the decree for a sum of Rs.1,260.90 with interest. The respondent which plaintiff is the partnership firm with the name and style of M/s.Sundaraval represented by its partner. Admittedly, the petitioner had purchased paper from the respondent for a sum of Rs.4,174 respondent claimed interest at 24% per annum as per the agreement between the respondent received the cost of the paper. But he has filed the suit for the recovery interest with interest at 24% per annum on the suit amount. There is no dispute with to the Principal amount in this suit. But the defendant disputed payment of interest at per annum on the suit claim which itself is arrears of interest.

(2.) C.R.P.No.1036 of 1989: The defendant is the petitioner. The respondent filed a O.S.No.385 Of 198ft, on the file of the Principal District Munsif, Sattur, for recovery sum of Rs.820-30. Admittedly the petitioner had purchased paper from the respondent the suit itself is laid for recovery of arrears of interest with interest at 24% per annum dispute in this case is that the petitioner is not liable to pay interest on interest.

(3.) THE trial Court found from the evidence oral and documentary in all the above three that the defendant is liable to pay interest on this suit claim. THE trial Court found from exhibits filed by the respondent/plaintiff that the defendant agreed to pay interest as per printed writings in the bills for the purchases and therefore, as a question of fact, the court found that the petitioner has agreed to pay the interest.