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1986 DIGILAW 630 (SC)

Shree Hanuman Jute Mills v. Brij Kishore Kela

1986-12-05

B.C.RAY, M.P.THAKKAR

body1986
(1) WE have perused the relevant record and heard counsel for the appellants in support of this appeal. The questions which are raised by the learned counsel are essentially questions of fact. In regard to these questions, we are in complete agreement with the reasoning of the High Court and the conclusion reached by the said court. We do not see any good reason to interfere with the finding recorded by the High Court on the questions of facts sought to be reagitated before this Court. The High Court has considered the matter carefully and recorded findings of facts which are fully supported by the evidence and has arrived at a just conclusion insofar as the grievances made by the appellants are concerned. The appeal, there- fore, fails and is dismissed with costs. (2) WE are of the view that the appellants-plaintiffs grievance on one point is justified. Insofar as the other points which have been raised by the learned counsel for the appellants, we are of the view that the conclusion reached by the High Court is unexceptionable. We do not see any good reason to differ from. the view taken by the High Court. We entirely agree with the reasoning and conclusion of the High Court. We, therefore, repel all the contentions excepting the contention on the point of rate of interest. Insofar as the grievance regarding rate of interest is concerned, the suit was instituted thirty years back in 1956. The plaintiffs had succeeded in the trial court. Later on the High Court has upheld the claim of the plaintiffs to a substantial extent by its judgment and order dated October 20, 1970. The trial court passed its decree on May 13, 1963. On account of inflation which has taken place during the last 30 years that the litigation has lasted, the plaintiffs will get a very nominal amount in the sense that the rupee today is worth much less in real terms as compared to its worth in 1956 when the claim arose. Taking this factor into consideration we are of the view that the appellants- plaintiffs should be awarded interest at 6 per cent from the date of the suit till the date of the judgment rendered by the High Court that is to say till October 20, 1970. Taking this factor into consideration we are of the view that the appellants- plaintiffs should be awarded interest at 6 per cent from the date of the suit till the date of the judgment rendered by the High Court that is to say till October 20, 1970. After October 20, 1970, having regard to the rise in the rates of interest and the fall in the money value about which we can take judicial notice, ends of justice demand that the plaintiffs be awarded interest at 12 per cent. As per the direction of the High Court a preliminary decree for accounts has been passed and a commissioner has been appointed to take accounts. Now that the preliminary decree is being confirmed subject to the modifica- tion in the rate of interest the trial court will proceed to pass a final decree in the context of the report of the Commissioner after hearing the parties. In the final decree the court will award interest in the aforesaid terms. So far as costs are concerned, we direct that the respondents shall pay to the appellants costs throughout proportionate to the extent of their success. (3) THE appeal is partly allowe to the aforesaid extem.