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Nathu Lakshman Vs. Vazir Bhau - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Case NumberSecond Appeal No. 225 of 1906
Judge
Reported in(1907)9BOMLR550
AppellantNathu Lakshman
RespondentVazir Bhau
Excerpt:
dekhhan agriculturists' relief act (xvii of 1879), section 15b-power of court as to payment of interest-discretion.;sub-section 1 of section 15b of the dekkhan agriculturists' belief act, 1879, does not make it compulsory on the court to award interest. under the section, there is a discretion in the court as to whether or not interest should be allowed. - lawrence jenkins, c.j.1. the terms of sub-section (1) of section 15b of the dekkhan agriculturists' relief act in relation to the payment of interest are certainly not clear. mr. shingne's argument has been that it is compulsory on the court to award interest by reason of the expression contained in that sub-section, but we think that the words used do not require that view. we think that there is a discretion in the court as to whether or not interest should be allowed and coming to that conclusion we certainly do not in the circumstances of this case consider that there is any reason to interfere.2. we must therefore confirm the decree with costs.
Judgment:

Lawrence Jenkins, C.J.

1. The terms of Sub-section (1) of Section 15B of the Dekkhan Agriculturists' Relief Act in relation to the payment of interest are certainly not clear. Mr. Shingne's argument has been that it is compulsory on the Court to award interest by reason of the expression contained in that sub-section, but we think that the words used do not require that view. We think that there is a discretion in the Court as to whether or not interest should be allowed and coming to that conclusion we certainly do not in the circumstances of this case consider that there is any reason to interfere.

2. We must therefore confirm the decree with costs.


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