RAM NIWAS AND OTHERS Vs. RAGHBIR SINGH

JUDGEMENT

(1.) The appellant-defendants are in Regular Second Appeal against the concurrent findings of facts and law, whereby, suit seeking recovery of Rs. 11,20,000/- alongwith pendent lite interest at the rate of interest 6% per annum from the date of filing of the suit till its final realization, has been decreed. The appeal filed against the same was partly accepted and the judgment and decree of the trial Court has been modified to the extent that the respondent-plaintiff is entitled to recover the original claimed amount of Rs. 10 lacs from the defendants alongwith interest 6% per annum.

(2.) Before I could advert to the arguments of learned counsel for the parties, it would be in the fitness of things to give preface of the matter for adjudication of the dispute.

(3.) Respondent-plaintiff instituted a suit for recovery of aforementioned amount which included Rs. 10,00,000/- as principal amount and Rs. 1,20,000/- as interest at the rate of Rs. 1/- per hundred per month from 02.05.2008 to 02.05.2009, in reference to the agreement to sell No. 100 dated 02.05.2008.