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P. Kanniappa Chetty Vs. Rangammal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.818
AppellantP. Kanniappa Chetty
RespondentRangammal and ors.
Excerpt:
interest - penalty--unconscionable transaction--dealings with illiterate persons--burden of proof. - 1. we agree with the find-dings arrived at by the judge. whether a transaction was unconscionable or not depends. upon the facts of each case. the 1st defendant is an old woman, the others are her sons who are coolies, and the plaintiff is a moneylender. the bond is for a larger sum than what was paid and the higher interest was only inserted to secure the prompt execution of a mortgage-deed. in these circumstances we think the judge was right in not enforcing payment of the full rate of interest. the interest decreed is reasonable.2. the appeal is dismissed with costs.
Judgment:

1. We agree with the find-dings arrived at by the Judge. Whether a transaction was unconscionable or not depends. upon the facts of each case. The 1st defendant is an old woman, the others are her sons who are coolies, and the plaintiff is a moneylender. The bond is for a larger sum than what was paid and the higher interest was only inserted to secure the prompt execution of a mortgage-deed. In these circumstances we think the Judge was right in not enforcing payment of the full rate of interest. The interest decreed is reasonable.

2. The appeal is dismissed with costs.


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