RSA 125/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY This appeal is directed against the judgment and decree dated 25.04.2011 passed in Money Appeal No.1/2008 by the learned Addl. District & Sessions Judge , Kamrup at Guwahati, dismissing the appeal and affirming the judgment and decre e dated 05.06.2007 passed by the learned Civil Judge (Senior Division) No.1, Kam rup, Guwahati, in Money Suit No.29/1998, whereby and whereunder the suit of the plaintiff/respondent has been decreed. The respondent herein as plaintiff instituted the Money Suit for realiza tion of Rs.2,40,000/- along with interest contending inter alia that the agreed annual rent of Rs.96,000/- payable in 12(twelve) monthly equal installments of R s.8,000/- has not been paid from the month of August, 1993 to December, 1995 i.e . for 29 months. The defendant contested the suit by filing written statement co ntending inter alia that the defendant though willing to pay the rent, the same could not be paid as the plaintiff was not willing to accept the same. It has al so been contended that under the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 there being no provision of depositing the rent in Court, the same could b e deposited. The defendant has denied the allegation that he is a defaulter. The learned Trial Court upon appreciation of the evidences on record has decreed the suit for Rs.2,40,000/-, with interest @6% per annum from the date o f filing the suit till the date of realization. The learned Court below, however , has noticed that since the amount of Rs.2,40,000/- has been paid, the decree w ould be in respect of the interest payable. Being aggrieved, the present appellant preferred the aforesaid Money App eal, basically contending that since the claim towards the rent was Rs.2,32,000/ - and the remaining amount of Rs.8,000/- towards the interest till the date of f iling the suit, the learned Court below while decreeing the suit as regards the interest ought to have decreed the same on Rs.2,32,000/-. The said appeal, howev er, has been dismissed by holding that since the plaintiff has been deprived fro m the use of the rent, they are entitled to interest under Section 34 of the CPC . Hence the present appeal. I have heard Mr. S.S. Sarma, learned Sr. counsel for the appellant as we ll as Mr. S.J. Sarma, learned counsel appearing for the respondent. It has been contended by the learned Sr. counsel for the appellant that since the amount of Rs.2,40,000/- includes the interest of Rs.8,000/- up to the date of filing of the suit, the learned Courts below ought to have awarded the i nterest on Rs.2,32,000/- i.e. the rent for 29 months. According to the learned c ounsel the substantial question of law involves in the present appeal, therefore , is:- Whether the learned Court below was justified in awarding interest under Section 34 of the CPC on Rs.2,40,000/-, when the claim of the plaintiff for rent for 29 months was Rs.2,32,000/-? Mr. Sarma, learned counsel for the respondent, on the other hand, has su bmitted that no substantial question of law is involved in this case as the find ing of fact has been recorded that the plaintiff is entitled to interest under S ection 34 of the CPC on the aforesaid amount of Rs.2,40,000/-, which has already been deposited by the defendant. Having regard to the aforesaid submission the appeal has been admitted f or hearing on the following substantial question of law:- Whether the learned Court below was justified in awarding interest under Section 34 of the CPC on Rs.2,40,000/-, when the claim of the plaintiff for rent for 29 months was Rs.2,32,000/-? As agreed to by the learned counsel for the parties, the appeal is taken up for hearing today itself. It appears from the averments made in the plaint that the plaintiff clai med the rent for 29 months i.e. from the month of August, 1993 to December, 1995 , which was Rs.8,000/- per month, amounting to Rs.2,32,000/-. In paragraph 9 of the plaint, it has also been stated that the defendant is liable to pay to the p laintiff an amount of Rs.2,40,000/- towards the arrear rent along with interest, meaning thereby Rs.8,000/- was the interest calculated by the plaintiff till th e date of filing of the suit. It is being the case of the plaintiff that the amount of rent to which h e is entitled to Rs.2,32,000/-, interest under Section 34 of the CPC is to be de creed on the said amount from the date of filing the suit till the date of reali zation. The learned Courts below, however, have awarded the interest on Rs.2,40, 000/- ignoring such pleaded case by the plaintiff. That being the position, the judgment and decree passed by the learned C ourt below stands modified to the extent that the defendant shall pay the intere st @6% per annum from the date of filing the suit till the date of realization o n the amount of Rs.2,32,000/-. The said amount shall be deposited within 1(one) month from today in the learned Court below. The appeal accordingly stands allowed as indicated above. No costs.