CHAMPA LAL Vs. MOHAN LAL

JUDGEMENT

(1.) THIS is a revision application by a plaintiff in a suit for recovery of money which was decreed by the trial court but was dismissed by the lower appellate court. 2. The suit was brought against Mag Raj defendant No. 1 and his son Mohanlal defendant No. 2 on the basis of Khata Ex. 1 dated 28. 11. 53 executed by Mohanlal alone. THIS Khata runs as follow: *** 13. The plaintiff is therefore entitled to a decree for b. 401/- principal plus rupee 1/-interest upto the date of the suit with pendente lite and future interest at 6 per cent per annum simple. 14. It was admitted by the plaintiff that the original advanced in Smt. 1939 was Rs. 112-13-3. It is contended on behalf of the respondent that future interest should be worked out on this amount alone under sec. 34 C. P. C. The khata dated 28. 11. 53 amounted to a fresh contract. The plaintiff is accordingly entitled to pendente lite and future interest on the sum of Rs. 401/- for which this Khata was executed. 15. I accordingly allow the revision application, set aside the decree of the lower appellate court and decree the suit for Rs. 402/- with pendente lite and future interest at 6% per annum simple. The plaintiff shall be entitled to recover costs of the trial court as well as the lower appellate court from the respondent. I make no order as to costs of this Court which will accordingly be borne by the parties. .