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Sheo Sahai Vs. Ganga Sahai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1935All469; 158Ind.Cas.6
AppellantSheo Sahai
RespondentGanga Sahai and ors.
Cases ReferredMohammad Abdul Jalil Khan v. Mohammad Abdul Salam
Excerpt:
- - i think the contention of the learned counsel is well-founded. 178. 2. it is therefore ordered that the appeal be partly allowed, the decree of the lower court be amended inasmuch as the plaintiff shall get future interest also at the irate of 1 per cent per mensem parties shall get and pay costs in proportion to their success and failure......all. 178.2. it is therefore ordered that the appeal be partly allowed, the decree of the lower court be amended inasmuch as the plaintiff shall get future interest also at the irate of 1 per cent per mensem parties shall get and pay costs in proportion to their success and failure.
Judgment:

Ganga Nath, J.

1. This is a plaintiff's appeal and arises out of a suit brought by him against the respondent for his share of profits. He has been given a decree for Rs. 72-3-1 with interest at 12 per cent, per annum from, the date on which the profits of 1335 F became due up to the date of the decree and future interest at 6 per cent, per annum and proportionate costs in both Courts.

2. It has been urged by the learned Counsel for the appellant that the lower appellate Court should have awarded him future interest at the rate of 12 per cent, per annum and not at 6 per cent. I think the contention of the learned Counsel is well-founded. There is no reason why the principle underlying Section 225. Tenancy Act, should not be applied to future interest after the decree up to the date of realisation. Accordingly, in a suit for profits against the lambardar the plaintiff cosharer is entitled to simple interest at the rate of 1 per cent, per mensem on his share of profits from the date when they became divisible till actual realisation. The same principle was held in Mohammad Abdul Jalil Khan v. Mohammad Abdul Salam 1932 All. 178.

2. It is therefore ordered that the appeal be partly allowed, the decree of the lower Court be amended inasmuch as the plaintiff shall get future interest also at the irate of 1 per cent per mensem Parties shall get and pay costs in proportion to their success and failure.


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