- (1.) THE petitioner is aggrieved by the order dated 9.7.2013 passed by the Debt Relief Court, Malpura, whereby the learned Judge has dismissed the application filed under Sections 151 and 152 CPC.
(2.) THE brief facts of the case are that the petitioner filed an application under Section 6 of the Rajasthan Agriculture Loan Act, 1856, stating therein that in 1999, he had taken a loan of Rs.1 lac from the respondent. According to the petitioner since he had repaid Rs.30,000/ -, only Rs.70,000/ - remained to be repaid. However, the respondent, by calculating interest on interest, has shown outstanding amount of Rs.2,50,000/ -. Therefore, the petitioner prayed that the actual due amount be divided in easy installments, as he is a poor agriculturist. However, the respondent denied the contents of the application submitted by the petitioner. The respondent submitted that on 29.4.2002 the petitioner had taken the loan of Rs.1,60,785/ - from him with an interest of 24% per annum, and that a pro -note in this regard was prepared in favour of the respondent's father. The respondent claimed that Rs.2,10,320/ - is to be repaid by the petitioner to him. During the course of the trial, the parties entered into a compromise regarding payment of the load amount. According to the compromise, the parties agreed that an interest would be paid from the date of the judgment and decree. A joint application was filed under Section 6 of the Act before the learned court. However, the learned court has directed that the interest would be paid from 6.4.2004 i.e. from the date of filing of the suit, and not from the date of the judgment and decree. Hence, this petition before this Court.
(3.) MR . Raghunandan Sharma, the learned counsel for the petitioner, has contended that on 10.7.2009 both the parties had entered into a compromise (Annexure -1). According to the compromise the applicant had agreed to pay Rs.1 lac to the respondent in installments. The installments were to be paid every six months beginning with 30.10.2009. Most importantly, it was agreed that the amount of Rs.1 lac will carry an interest of 9% to be calculated from the date of the passing of the decree. The said compromise was submitted before the learned court below. On the basis of the said compromise, by judgment dated 16.7.2009 a decree was passed.;