- (1.) D. C. Srivastava, J. This second appeal arises out of the judgment and decree dated 14th March, 1995 of Sri R. M. Rai, VII Additional District Judge, Agra, passing a decree for Rs. 45. 000/- together with interest at the rate of 12 per cent upto the date of the suit and thereafter pendente lite and future interest at the rate of 19. 5 per cent with quarterly rests.
(2.) THE dispute involved in this appeal is very short and is confined to the legality of award of pendente lite and future interest at the enhanced rate with quarterly rests. The brief facts are that plaintiff-respondent No. 1 and defendants No. 1 and 2 were partners of a Firm who were carrying on business in the name of defendant No. 3. Plaintiff-respondent No. 1 remained partner in the said Firm upto 31st March, 1979 and retired on 1st April, 1979. A written deed was executed between the parties on 12th June, 1979 through which, it was agreed that defendant Nos. 1 and 2 shall remain partners of the Firm and the plaintiff on account of his retirement will be entitled to Rs. 90,000 out of which Rs. 45,000 were to be paid within a year and the remaining amount was to remain in deposit with the firm for a period of one year. Rs. 45,000 were paid but the remaining amount was not paid, hence the suit was filed. The suit was contested only by defendant No. 1, on grounds mentioned in the written statement.
(3.) THE suit was decreed by the trial court, which awarded interest at the rate of 6 p6r cent per annum upto the date of the suit and pendente lite and future interest also at the same rate. An appeal was preferred against this judgment and decree of the trial Court which was allowed and interest at the rate of 12 per cent was allowed upto the date of the suit and at the rate of 19. 5 per cent per annum with quarterly rests as pendente lite and future.;