NISHI KANTH Vs. AJAY KUMAR

JUDGEMENT

(1.) THE learned Senior Sub Judge vide judgment and decree dated 24th October, 2003 has dismissed the suit of the respondent in toto but the learned Additional District Judge, Sirmaur District at Nahan 30th vide the impugned judgment and decree dated April, 2004 while upsetting the aforesaid judgment and decree of the learned Senior Sub Judge partly allowed the appeal filed by the respondent and decreed the respondent's suit for recovery of money to the extent of Rs.20,000/- only and also granted interest on this amount at the rate of 6% per annum starting from 5th January, 1999 uptil the date of realization of the entire decretal amount.

(2.) AFTER hearing the learned counsel for the parties, I feel convinced that the learned Appeal Court has not committed any error in partly allowing the appeal of the respondent and partly decreeing the suit because undoubtedly in the Income tax return filed by petitioner No.1 there is an acknowledgement of the fact that he had obtained unsecured loan from the respondent. On a proper appreciation of evidence the learned Appeal Court has partly decreed the suit. I feel that in so far as this aspect is concerned no interference is called for.

(3.) THE appeal is dismissed. Whatever amount has been deposited by the petitioners in this Court shall be made over to the respondent subject to the adjustment of the interest liability in the light of the aforesaid modification by me. Balance of the deposited amount, subject to above, if any shall be returned to the petitioners. CMP No.372 of 2004.