DARBARA SINGH Vs. GURDEEP SINGH

JUDGEMENT

(1.) Respondent had advanced a loan of Rs. 30,000/- to the appellant. As the loan was not returned, a suit was filed for the recovery of Rs. 52,000/- i.e. for recovery of principal amount and interest which had accrued thereon. Both the Courts below have decreed the suit. The judgments and decrees of the Courts below are being impugned in the present appeal.

(2.) Having heard the learned counsel at some length, I am of the view that the judgments and decrees of the Courts below are required to be modified as far as payment of future interest is concerned. The modification is on the basis of Division Bench judgment of this Court reported in DEVINDER KUMAR AND ANR V/S SYNDICATE BANK AND ORS, 1994 106 PunLR 1 . Accordingly, judgments and decrees of the Courts below are modified to the extent that the suit of the respondent-plaintiff shall stand decreed against the appellant-defendant for recovery of Rs. 52,000/- with costs. Respondent shall also be entitled to future interest at the rate of 6% per annum on the principal amount, i.e. Rs. 30,000/- from the date of institution of the suit till realisation. Decree-sheet be prepared accordingly. Appeal stands disposed of. Appeal disposed of.