Subbaraya Ravuthaminda Nainar Vs. Ponnusami Nadar and ors. - Court Judgment
|Judge||Subramania Ayyar ;and Davies, JJ.|
|Appellant||Subbaraya Ravuthaminda Nainar|
|Respondent||Ponnusami Nadar and ors.|
|Cases Referred||Amolak Ram v. Lachmi Narain I.L.R.|
transfer of property act - act iv of 1882, section 66--mortgage decree--interest--contract rate--subsequent interest--civil procedure code--act xiv of 1882, section 209. - .....nadar appeal no. 13 of 1896 unreported and surya narain sinqh v. jogendra narain roy chowdhury i.l.r. 20 cal. 360. subsequent to that period, the plaintiff is entitled, in our opinion, to interest at six per cent, per annum, and it will be so decreed poresh nath mojumdar v. ramjodu mojumdar i.l.r. 16 cal. 246 and achalabala bose v. surendra nath dey i.l.r. 24 cal. 766. the ruling in amolak ram v. lachmi narain i.l.r. 19 all. 174 notwithstanding. the parties will bear their own costs.
1. As to the plea of discharge it is dismissed under our judgment in Subbaraya Ravuthaminda Nainar v. Ponnusami Nadar Appeal No. 48 of 1896 unreported. As to the rate of interest allowed by the Subordinate Judge his decree must be modified by directing that the twelve per cent, per annum, the contract rate, be allowed only for the six months within which payment was ordered by the decree [see our judgment in Subbaraya Ravutha-minda Nainar v. Ponnusami Nadar Appeal No. 13 of 1896 unreported and Surya Narain Sinqh v. Jogendra Narain Roy Chowdhury I.L.R. 20 Cal. 360. Subsequent to that period, the plaintiff is entitled, in our opinion, to interest at six per cent, per annum, and it will be so decreed Poresh Nath Mojumdar v. Ramjodu Mojumdar I.L.R. 16 Cal. 246 and Achalabala Bose v. Surendra Nath Dey I.L.R. 24 Cal. 766. the ruling in Amolak Ram v. Lachmi Narain I.L.R. 19 All. 174 notwithstanding. The parties will bear their own costs.