RAM PHOOL Vs. MEER SINGH

JUDGEMENT

(1.) Having lost before both the courts below, the defendantappellant has preferred this regular second appeal.

(2.) The substantial question of law which arises in this case for determination is, "whether interest on the amount advanced by the plaintiff to the defendant No.1 (appellant) can be allowed in the absence of any settled terms in writing with regard to payment of interest?"

(3.) The plaintiff Meer Singh (herein referred as, 'the plaintiff') filed the suit against Ram Phool and Popular Aluminum Utensils Industries for recovery of Rs. 5,280/-, which included Rs. 4,000/- as principal and Rs. 1,280/- towards interest @ 1% per month. The basis of the claim of the plaintiff is the writing in Bahi (Ex.PW1/8), which is as follows :-