(1.) The appellants hereinafter referred to as the defendants, having suffered a decree for a sum of Rs. 1,02,865/ - with costs and future interest on the decretal amount at the rate of 6% per annum1 from1 "tile Court* of the learned District Judge, Chamba, have come up before this Court by way of the present regular first appeal against the judgment and decree dated 20.11.1990.
(2.) The brief facts of the case, out of which the present appeal has arisen, may be thus stated. The work of roping down of timber scants by wire spans in respect of Lot No.2 of Chhabaru forest for the year 1985 -86 and Lot No. 3 of Dradha forest for the year 1985 -86 was awarded to respondents 1 and 2, thereinafter referred to as the plaintiffs, by the defendants. As per the terms of the agreement entered into between the parties, the plaintiffs were to be paid roping down of timber as under : - (a) 50 paise per scant per wire span having the length between 800 meters 1200 meters; (b) 70 paise per scant in case the length of the wire span exceeded 1200 meters in length; (c) In addition to the above, the plaintiffs were to be paid commission at the rate of 12 -1/2 % of the amount; and (d) The amount spent for fixing the wire span and for dismantling the same.
(3.) The work of roping down of the timber in respect of both the lots was completed by the plaintiffs within the stipulated period. According to the plaintiffs, a sum of Rs. 7200/ - in respect of Lot No. 3 of 1985 -86 (Dradha Forest) is still payable to them by the defendants. In respect of Lot No.2 of 1985 -86 (Chhabaru Forest) .the plaintiffs are entitled to recover a sum of Rs. 1,13,665/ - (including the refund of the amount of Rs. 5000/ - deposited by them with the defendants as security). As against the total amount of Rs. 1,20,865/ -due to the plaintiffs in respect of the two lots, the plaintiffs were paid only a sum of Rs. 18,000/ -. The remaining "amount of Rs. 1,02,865/ - was not paid to them by the defendants inspite of repeated demands. The -plaintiffs accordingly filed a suit for the recovery of the amount of Rs. 1,26,006 -62 paise (being the principal amount of Rs. 1,02,865/ - and interest of Rs. 23,142 -62 paise calculated at the rate of 18% per annum).