( 1 ) APPEAL Suit No. 32/81 and Cross Objections 1. The defendant is the appellant. The respondent filed cross- objections. Admittedly, the appellant obtained a loan of Rs. 22,800/- on september 13, 1976, on a pronote Ex. A-3 and also by hypothecation of a and B schedule properties by creating an equitable mortgage for running abkari business. He committed default in payment of the amounts and for recovery thereof the respondents laid the suit for the balance amount of rs. 17,469-06 and sought for a preliminary decree. The trial court granted a preliminary decree for a sum of Rs. 13,913-35 granting 12% p. a. interest simple relieving the appellant of 17% p. a. with quarterly rests of compound interest. The Cross-objections have been filed as against the disallowing of interest and the appeal is filed against the amount of Rs. 10,000/- said to have been paid on June 26, 1976 and also for not granting counter interest.

( 2 ) MR. S. Anandareddy, learned counsel for the appellant has contended that the appellant has paid a sum of Rs. 10,000/- on June 26, 1976 but was not given credit to, but the court below has committed error in not accepting the same. I am unable to