JAI NARAIN Vs. MARKET COMMITTEE

JUDGEMENT

(1.) This judgment will also dispose of Regular Second Appeal No. 1364 of 1971, as the question involved is common in both the cases.

(2.) The Market Committee, Sonepat, raided the premises of the plaintiff-firms on December 31, 1969, and seized their documents on January 5, 1970. In the suit, giving rise to this second appeal, according to the plaintiff-firm, the Market Committee recovered from it a sum of Rs. 9,000/- i.e., Rs. 4,500/- as the Market fee and Rs. 4,500/- as the penalty. In the suit, giving rise to Regular Second Appeal No. 1364 of 1978, according to the plaintiff-firm, a sum of Rs. 5,750/- was recovered from it by the market Committee i.e. Rs. 2,875/- as the market fee and Rs. 2,875/- as the penalty. The plaintiffs agitated the matters at the executive level, but in vain. Ultimately, they filed civil writ petition in the High Court wherein direction was given that fresh orders of assessment be made after giving an opportunity of being heard to the petitioners. Ultimately, on re-assessment a sum of Rs. 50.19 was assessed as the market fee and an equal amount was imposed as penalty; thus the total demand being Rs. 100.38. Since the plaintiff had already deposited Rs. 9,000/- on January 5,970/- it claimed the refund of the balance amount along with interest after adjusting the demand of Rs. 100.38 the Market Committee. This claim was not accepted. Therefore, the plaintiff filed the suit for the recovery of Rs. 14,399.62, i.e. Rs. 8,899.62 as the amount due from the defendant; Rs. 4,000.00 as interest and Rs. 1,000/- on account of the expenses incurred on litigation. In the suit giving rise to Regular Second Appeal No. 1364 of 1977 on reassessment, the amount was assessed to be Rs. 1.322.78 and, therefore, the plaintiff claimed the balance amount of Rs. 4,427.22 along with interest amounting to Rs. 2,000/- and Rs. 1,500/- as the expresses incurred on litigation. Before the filing of the suits, necessary notices were given to the defendant Committee. In the written statement the defendant did not deny the receipt of Rs. 9,000/- and Rs. 5,750/- respectively. The Committee also admitted that on re-assessment the amount was reduced. However, it was pleaded that the plaintiffs were not entitled to the recovery of the amounts paid by them, as they were barred by time. It was also averred that the plaintiffs were not entitled to any interest. The trial Court decreed the plaintiffs' suits for the recovery of Rs. 8.899.62 and Rs. 4,427.22, respectively. The defendant never filed any appeal whereas the plaintiffs filed appeals wherein they claimed the amounts of interest. The learned Additional District Judge found that the trial Court rightly disallowed the claim of interest and, thus maintained the decree of the trial Court.

(3.) The main question to be decided in these two appeals is as to whether the plaintiffs are entitled to the amount of interest which they claimed at the rate of 6 per cent per annum from the date of the deposit till the date of suit.