JALIL AHMAD SIDDIQI Versus SALIM ANWAR alias Salim Hassan

1. The plaintiff has filed this suit for recovery of Rs.1,09,500 and profit at the rate of 5% per month from February, 1986 and costs of the suit. The defendant though served by publication has not appeared. The plaintiff's suit is based on a partnership deed under which the plaintiff has invested Rs.1,17,500 and the defendant had agreed to pay 5% per month as profit. The Plaintiff was not liable for losses and in case of default the plaintiff was entitled to the capital amount and profit. According to the plaintiff the defendant paid Rs.5,875 on 16‑3‑1986 5% as profit but thereafter he did not pay. However he returned Rs.8,000 which was received by the plaintiff o 10‑‑1986. This amount according to the plaintiff was refunded from the capital invested by the plaintiff. The defendant in sprite of notice dated 10‑11‑1956 has not paid the profit or returned the invested capital amount. The plaintiff has made this statement on oath and plaint has been signed and verified by him. 1, therefore, decree the suit for Rs.1,09,500 but so far the question of profit at the rate of 5% per month is concerned I am not inclined to grant as is will amount to granting interest at that rate. The plaintiff is, therefore, granted interest at the rate of 10% PA. from the date of the suit till recovery and costs of the suit.

2. M.Y.H./J‑44/K Suit decreed.