LADU RAM Vs. SOHAN LAL @ SUKHDEO SONI

JUDGEMENT

(1.) This second appeal has been preferred by appellant Ladu Ram against respondent Sohan Lal @ Sukhdeo Soni being aggrieved by the impugned judgment dated 29.07.2009 passed by learned Additional District and Sessions Judge No. 3, Jodhpur in Civil Appeal No. 70/2007, by which the learned first appellate court dismissed the appeal of the defendant-appellant Ladu Ram and affirmed the judgment and decree dated 11.10.2007 passed by learned Civil Judge (Junior Division) and Judicial Magistrate, Jodhpur in Civil Suit No. 128/2004, whereby the learned trial court decreed the suit of the plaintiff-respondent Sohan Lal for Rs.4973/- and he further decreed that the plaintiff-respondent is entitled to get interest at the rate of 9% p.a. on the decretal amount from the date of filing of the suit.

(2.) The short facts giving rise to the present appeal are that the plaintiff-respondent Sohan Lal filed a suit against defendant-appellant Ladu Ram for recovery of money amounting to Rs.4973/- with interest at the rate of 24% p.a. In the court of Civil Judge (Junior Division) and Judicial Magistrate, Jodhpur. The defendant-appellant filed reply to the suit. On the basis of the pleadings of the parties, three issues were framed by the learned trial court. The issue No.1 was regarding the fact whether the plaintiff-respondent is entitled to get Rs.4973/- which is due out of the total amount of Rs.26033/- and rest of the amount of Rs.21060/- has been paid by the defendant-appellant. The issue No.2 was whether the plaintiffrespondent is entitled to get interest at the rate of 24% on the due amount from the defendant-appellant.

(3.) The plaintiff-respondent Sohan Lal examined himself as P.W.1 and the defendant-appellant Ladu Ram examined himself in rebuttal of the plaintiff as D.W.1. After considering the relevant documents and the evidence on record, the learned trial court decided the issue No.1 against the defendantappellant and issue No.2 partly in favour of the defendantappellant. Against the said judgment and decree, the defendant-appellant filed a first appeal before the learned District and Sessions Judge, Jodhpur, from where the same was transferred to the Additional District and Sessions Judge No. 3, Jodhpur for disposal, who by the impugned judgment dismissed the appeal of the defendant-appellant and affirmed the judgment and the decree passed by the trial court.