LAWS(NCD)-2008-11-29

APOLINARIO COUTINHOAPPLICA Vs. PINTO ASSOCIATES

Decided On November 05, 2008
Apolinario Coutinhoapplica Appellant
V/S
PINTO ASSOCIATES Respondents

JUDGEMENT

(1.) the present revision is directed against the order of the District Forum dated 6.4.2006 ordering the Judgment Debtor to pay an amount of Rs.88,954 to the Decree Holder as on 4.9.2005 together with simple interest at the rate of 12% thereon till the date of actual payment on the basis of method of calculation as indicated in the calculation sheet attached to the order.

(2.) The short question that arises for consideration is whether the amounts pursuant to the decree have correctly been appropriated towards principal and interest.

(3.) A complaint was filed by the Complainant against the opposite party. The District Forum decided the complaint in favour of the Complainant on 13.3.2002. A decree was passed in favour of the Decree Holder for a sum of Rs.2,78,000 plus interest and a sum of Rs.2,11,660 and compensation of Rs.11,000. The amount of Rs.2,11,660 is the interest component on the amount paid by the Decree Holder between 10th January, 1994 and 5th April, 1994. The Decree Holder was entitled to interest from the date when the amounts were paid till the date of possession. The Decree Holder was given possession on the 10th of October, 2000.