GIRDHARI Vs. KANTILAL AND BROS

JUDGEMENT

(1.) APPELLANTS/defendants have filed this appeal under Section 100, CPC against the judgment and decree dated 22. 12. 1987 in Civil Appeal No. 5-B/86 passed by the learned Ilnd Additional District Judge, Ratlam, partly allowing the appeal and confirming the judgment and decree dated 19. 2. 1986 passed by the learned Civil Judge, Class-I, Ratlam in Civil Suit No. 63-B/81.

(2.) THE case of the plaintiff is that the plaintiff is a registered partnership firm and the defendants, who are father and son and doing the business as Girdharilal Dungal took the loan of Rs. 1,500/on 20. 7. 1978 and Rs. 300/- on 13. 6. 1978 and out of the total amount of Rs. 1,800/- the defendants have paid only Rs. 350/- on 15. 6. 1978 and as such the defendants be directed to pay remaining amount along with interest @ 2% p. m.

(3.) THE learned Appellate Court below has decreed the claim of the respondent/plaintiff and it was directed that the appellant will pay the interest @ 2% p. m. It is contended by the appellants that there was no agreement in-between the plaintiff and defendants to pay the interest on the amount and the statement of the plaintiff about the oral agreement of payment of interest @ 2% p. m. was not corroborated by any witness and as such the learned Appellate Court has erred in granting the interest to the appellants @ 2% p. m.