LAWS(P&H)-1998-9-33

PHOOL SINGH Vs. PIARA LAL

Decided On September 10, 1998
PHOOL SINGH Appellant
V/S
PIARA LAL Respondents

JUDGEMENT

(1.) Phool Singh borrowed some money from Piara Lal and agreed to pay interest @ 1.56% per month. The amount was not repaid. Ultimately, Piara Lal filed a suit against Phool Singh for the recovery of Rs. 25,235/- i.e. Rs. 17,000/- as principal amount and Rs. 8,235/- as interest. This suit was decreed by the trial Court in the following terms:-

(2.) The decretal amount was not paid and this prompted the plaintiff-decree holder to take out execution. The judgment debtor raised a number of objections by filing an objection petition. The Executing Court, however, by order dated 12.5.1993 dismissed the objection-petition being devoid of merit. Hence, this revision.

(3.) Learned counsel for the petitioner submitted that the judgment-debtor is liable to pay interest not on the entire amount as decreed by the trial Court but only on the principal amount adjudged.