JAIRAM Vs. VITHAL

JUDGEMENT

(1.) THIS Second Appeal arises out of judgment and decree passed by the Additional District Judge, Yavatmal in Civil Appeal No. 84 of 1985, setting aside the judgment and decree passed by the trial Court in Regular Civil Suit No. 15 of 1982. The trial Court had granted decree and directed the defendant to pay Rs. 4010/- to the appellant / plaintiff with interest @ 12% p. a. from the date of the suit till realisation, with costs. The Appellate Court allowed the appeal and dismissed the suit.

(2.) BRIEF facts are as under : The plaintiff is the owner of the cloth shop in the name of "jairam Govind Vyawahare Cloth Business" in Pusad. The defendant had kept account with that shop and purchased cloth on credit since the year 1974. It is the case of the plaintiff that, at the end of the year 1978-79, amount of Rs. 2374/- was outstanding. The defendant on 09. 03. 1979 had acknowledged debt which was outstanding against him as per the entries made in the books of account, by executing a receipt (Exh. 25), and also on the same day he purchased cloth worth Rs. 1640/- on credit, and therefore, the total outstanding balance was to the tune of Rs. 4000/- in the year 1979. Then the defendant had taken Rs. 110/- on 17. 11. 1979, he paid Rs. 100/- and, therefore, the total outstanding amount was Rs. 5740/ -. The suit was filed on 04. 02. 1982 for recovery of the said amount remained unpaid.

(3.) THE defendant combated the claim and contended that the suit is hopelessly barred by period of limitation. Alternatively he contended that there was no agreement to pay interest, and therefore the suit is liable to be dismissed. The learned trial Court on appreciation of evidence, granted decree and directed the defendant to pay Rs. 4010/- with interest @ Rs. 12% p. a. from the date of the suit till realisation with costs.