C SEKAR Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) This Appeal is filed by the defendant challenging the concurrent finding rendered by the Courts below in a suit for recovery of money.

(2.) (I) The plaintiff is the Hosur Municipality and the defendant is the successful bidder in an auction conducted by the plaintiff Municipality for collecting toll in the bus stand for the period from 01.04.1998 to 31.03.1999 for a sum of Rs.4,00,500/-. The case of the plaintiff is that the defendant has only paid a sum of Rs.1,98,790/- in total, on various dates upto 30.07.1998 and failed to pay the balance amount with interest. Therefore, the said suit was filed for recovery of a sum of Rs.3,28,725/- comprising of principal sum of Rs.2,41,010/- and interest at the rate of 18% per annum on such principal amount.

(3.) The trial Court, after hearing both parties and considering the evidence let in on both sides, found that the defendant having collected the toll from 01.04.1998 till 29.11.1998, is liable to pay the sum of Rs.94,887/- with interest at the rate of 18% per annum from 30.11.1998 till the filing of the suit and thereafter, at the rate of 9% per annum till the date of decree and thereafter at the rate of 6% till the full payment is made. Challenging the said judgment and decree, the defendant filed the Appeal before the First Appellate Court. the First Appellate Court, though confirmed the judgment and decree of the trial Court insofar as the decretal amount is concerned, has however, modified the decree of the trial court insofar as the interest part of it is concerned, by holding that the defendant is liable to pay interest at the rate of 9% from the date of filing of the suit till the date of the decree and thereafter 6% from the date of the decree till the date of realisation. Challenging the said judgment and decree of the Courts below, the present Second Appeal is filed before this Court.