V SRINIVASAN Vs. AARAA TRADER

JUDGEMENT

(1.) The present second appeal has been brought by the defendant , as against the reversing judgment of the learned first appellate Court, decreeing a sum of Rs.86,700/- with interest at 12% per annum from 07.03.2002, till the date of decree and thereafter at 6% per annum from the date of decree till the date of realization, with one another direction to pay a sum of Rs.15,276.50/- to the plaintiff towards the cost of the appeal.

(2.) Brief facts leading to the filing of the second appeal is given as under:-

(3.) Though the defendant/appellant herein, by filing a detailed written statement, has taken a ground that the suit is liable to be dismissed, all the amount due and payable by the defendant/appellant herein, was paid through Ex.B1, dated 07.03.2002. On seeing Ex.B1, which shows that a sum of Rs.1,05,900/- was paid towards the credit of CC.Nos.7804, 7805 and 7810 of 2001, on the file of the V Metropolitan Magistrate Court, Egmore, Chennai, the trial Court dismissed the suit. As against that an appeal was filed in A.S.No.61 of 2006, on the ground that though a sum of Rs.1,05,900/- was paid by the defendant towards the credit of CC.Nos.7804, 7805 and 7810 of 2001, on the file of the V Metropolitan Magistrate Court, Egmore, Chennai, a balance amount of Rs.86,700/-, was not paid. Learned first appellate Court, considering the statement made by the DW1 that he has not paid the balance amount of Rs.86,700/-, held that the defendant is liable to pay the said of Rs.86,700/- to the plaintiff with interest at 12% per annum from 07.03.2002, till the date of decree and thereafter at 6% per annum from the date of decree, till the date of realization. Aggrieved by the said order, the present second appeal has been filed by the defendant/appellant herein.