SAUNDANAPPA ANDANAPPA Vs. SHIVBASAWA AMINGOWDA

JUDGEMENT

(1.) The appellant, Saunadanappa bin Andanappa Chinwar, was sued by the respondent, Shivbasawa, for the recovery of Rs. 2,415-1-11 in the Court of the Subordinate Judge, Second Class, at Bagalkot. The respondent alleged in her plaint that she had deposited Rs. 10,843, in May 1894, with the appellant under an agreement that he should repay the amount in such sums as she might direct ; that he had re-paid part of the amount ; that the balance, Rs. 2,040-13-9, having been due from him on the 23 of November 1900, she had demanded that sum but that the respondent had refused to pay. The appellant claimed in her plaint interest on the balance from the date of demand to the date of payment.

(2.) The Subordinate Judge found her claim proved except as to interest, as to which he held that since there was no agreement to pay interest," she was not entitled to it.

(3.) The appellant appealed to the District Court and the respondent filed cross-objections to the decree of the Subordinate Judge, whereby the interest claimed had been refused.