MORTULO RAMCHANDRA GAD Vs. JOHN PINTO

JUDGEMENT

(1.) Heard learned Counsel for both the parties. Perused the record.

(2.) The appeal is preferred against the Judgment and Order passed by the Civil Judge, Senior Division, Bicholim, decreeing the suit and directing that the defendants shall jointly and severally pay an amount of Rs. 93,000/- with interest at the rate of 18% per annum from the date of filing of the suit till the actual payment.

(3.) The respondent-plaintiff filed the suit for recovery of the amount of Rs. 60,000/- alongwith interest which was advanced by plaintiff No. 1 by way of friendly loan to defendant No. 1 on 5/7/1989 to be repaid allegedly on demand with interest at the rate of 10% per annum. This amount was paid to defendant No. 1 through plaintiff No. 2 against a written acknowledgment given by defendant No. 1. Plaintiff No. 1 being in need of money demanded the said amount from the defendants for the first time on 1/11/1994. As they did not pay the amount, police complaint was lodged, but inspite of that amount was not paid. Hence legal notice was issued and finally filed the suit.