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Syed Bavuddeen Saheb Vs. Syed Esaff Sahib - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.20
AppellantSyed Bavuddeen Saheb
RespondentSyed Esaff Sahib
Cases ReferredSundar Koer v. Rai Sham Krishen
Excerpt:
contract act (ix of 1872), section 74 - interest--penalty--provision for enhanced rate of interest in default of payment on due date--compounding of interest with principal--reasonable compensation. - 1. the sub-judge held on a question of fact that the stipulation in question' was by way of penalty. in holding that, oh the facts of this particular case, the stipulation was by way of penalty he has the support of the passages in the judgment of the privy council in sundar koer v. rai sham krishen 4 a.l.j. 109 : 11 c.w.n. 240 we arc not prepared to say that the compensation which the sub-judge has awarded, is not reasonable compensation. the appeal is dismissed, with costs.
Judgment:

1. The Sub-Judge held on a question of fact that the stipulation in question' was by way of penalty. In holding that, oh the facts of this particular case, the stipulation was by way of penalty he has the support of the passages in the judgment of the Privy Council in Sundar Koer v. Rai Sham Krishen 4 A.L.J. 109 : 11 C.W.N. 240 We arc not prepared to say that the compensation which the Sub-Judge has awarded, is not reasonable compensation. The appeal is dismissed, with costs.


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