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Krishna Reddy and anr. Vs. Rendankattalai Varadarajulu Reddy and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1895)5MLJ154
AppellantKrishna Reddy and anr.
RespondentRendankattalai Varadarajulu Reddy and ors.
Cases ReferredBikramjit Tewari v. Ducag Dyal Tewari I.L.R.
Excerpt:
- 1. although no contract for post diem interest can be inferred from exhibit a, we think interest from 30th december 1884 can be given under the interest act xxxii of 1829 under the principle laid down in bikramjit tewari v. ducag dyal tewari i.l.r. (1893) c. 274 which case has been followed by this court in second appeal no. 1546 of 1893. we will therefore allow rs 696 as interest at 6 per cent, per annum from the due date to the date of plaint and make it a charge upon the mortgaged property.2. the decree of the learned judge will therefore be modified by adding this sum to the principal sum adjudged and decreeing rs. 2,598 instead of rs. 1,902 with costs and furtherinterest at 6 per cent, per annum. the appellants are entitled to proportionate costs on this appeal.
Judgment:

1. Although no contract for post diem interest can be inferred from Exhibit A, we think interest from 30th December 1884 can be given under the Interest Act XXXII of 1829 under the principle laid down in Bikramjit Tewari v. Ducag Dyal Tewari I.L.R. (1893) C. 274 which case has been followed by this Court in Second Appeal No. 1546 of 1893. We will therefore allow Rs 696 as interest at 6 per cent, per annum from the due date to the date of plaint and make it a charge upon the mortgaged property.

2. The decree of the learned Judge will therefore be modified by adding this sum to the principal sum adjudged and decreeing Rs. 2,598 instead of Rs. 1,902 with costs and furtherinterest at 6 per cent, per annum. The appellants are entitled to proportionate costs on this appeal.


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