HARISH SITARAM CHOURASIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, the appellants take exception to the judgement and decree dated 13-3-1992 passed by the Additional District and sessions Judge, Gondia, in Regular Civil Appeal No. 21 of 1990, allowing the appeal filed by the respondents against the judgment and decree dated 1-1-1990 passed by the Civil Judge, Sr. Dn. , Gondia in Regular Civil Suit No. 106/89.

(2.) THE facts relevant for disposal of this appeal are as under : the appellants herein filed the above mentioned suit against the respondents for recovery of arrears of rent to the tune of Rs. 49,400/- in respect of the suit house let out to the defendants. The plaintiffs filed the said suit on 15-7-1987. The plaintiffs claimed interest at the rate of Rs. 1. 75% p. m. During pendency of the suit, the defendants paid the arrears of rent to the plaintiffs on 21-1-1988. Thereafter, the suit was partly decreed and the trial Court awarded interest @ 6@ p. a. on Rs. 49,550/- from the date of filing of the suit i. e. 15-7-1987 till 21 st January, 1988 the date on which the amount towards the arrears of rent was paid to the plaintiffs. In appeal preferred by the defendants , the lower Appellate Court held that the plaintiffs were not entitled to the interest inter alia on the ground that the plaintiffs ought to have been aware that they were dealing with the Government Machinery and that it takes long time to get sanction for payment of rent. The Appellate Court thereby reversed the decree passed by the trial Court awarding interest for the said period in favour of the plaintiffs. Against the decree passed by the lower Appellate Court, the present second appeal has been filed by the original plaintiffs.

(3.) THE appeal was admitted on 13-8-1992 and the following order was passed.