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P.R.S.A.R. Periakaruppan Chettiar Vs. Marappa Goundan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1941Mad67(1); (1940)2MLJ654
AppellantP.R.S.A.R. Periakaruppan Chettiar
RespondentMarappa Goundan and ors.
Excerpt:
- .....remaining as on 1st october, 1937 and 'credit to the debt the balance of the part decree payment of rupees fifty-four, annas three and pies nine (rs. 54-3-9) minus rupees forty and annas eight (rs. 40-8-0) due for costs and give to the plaintiff a decree for the balance with interest at 6 per cent, per annum from 1st october, 1937. the petition is allowed with costs and the decree will be scaled down accordingly.
Judgment:

1. The plaintiff having appropriated all the payments towards interest in his plaint which was filed before 1st October, 1937, these appropriations cannot be ignored for the purpose of Section 8(1). The most favourable way of scaling down the debt is to adopt the reduced principal of Rupees One hundred and seventy-one, annas two and pies six (Rs. 171-2-6) arrived at according to the plaint, cancel the interest remaining as on 1st October, 1937 and 'credit to the debt the balance of the part decree payment of Rupees Fifty-four, annas three and pies nine (Rs. 54-3-9) minus Rupees Forty and annas eight (Rs. 40-8-0) due for costs and give to the plaintiff a decree for the balance with interest at 6 per cent, per annum from 1st October, 1937. The petition is allowed with costs and the decree will be scaled down accordingly.


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