KESHAVLAL RAMESH CHANDRA Vs. RIKHAB CHAND

JUDGEMENT

(1.) THIS is defendant's appeal against the decree and the judgment of the Additional District Judge, Sirohi, dated 5 -11 -1973, decreeing the suit of the plaintiffs for Rs. 14,376/ -.

(2.) ACCORDING to the averments made in the plaint defendants Keshav Lal and Ramesh Chand purchased tuck No. RJQ 9801 from the plaintiff for Rs. 13101/ -. This sale tock place on December 31, 1970. A document evidencing sale was excited showing that the defendant shall pay Rs. 5,000/ -against the sale price on January 20. 1971 and the remaining amount shall be paid to equal monthly instalment. of Rs. 1,000/ - per month. When the first installment of Rs. 5,000/ - was not paid by the defendants a 1etter was written on behalf of the plaintiff by his brother Amar Chand to the defendants to which the reply was sent by the defendants on 13 -2 -1971 showing regrets for the delay in payment and promised the payment of Rs. 5,000/ - by the first of March, 1971. It is alleged that inspite of this promise the defendants failed to pay the price of the truck and therefore a notice was sent by the plaintiff to the defendant claiming Rs. 13,101/ - as the price of the truck and Rs. 1,275/ - as interest by way of damages at the rate of 1 percent per month The plaintiff when found that the notice did not bring the desired result filed a suit for the said amount.

(3.) THE trial Court after recording the evidence on behalf of both the parties rejected the defendants plea and held that the truck was, sold to the defendants by the plaintiff on December 31, 1970 for Rs. 13,101/ - and that the defendants were liable to pay that amount with 6% interest thereon as per the provisions of the Sale of Goods Act and thus passed a decree for Rs. 14,379/ -with costs and interest pendente lite on the principal amount also till the realisation of the said decretal amount. It is against this decree that the defendants have preferred this appeal.