Skip to content


Kallam Narasareddi and anr. Vs. Thummuru Ranga Reddi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1941Mad550; (1941)1MLJ216
AppellantKallam Narasareddi and anr.
RespondentThummuru Ranga Reddi
Excerpt:
- .....made a payment of rs. 26-5-2 towards the interest and rs. 110-2-10 towards the principal of the suit promissory note. the plaint was filed on 4th september, 1937. on the basis of the bench decisions, the appropriations made on 4th september, 1934 cannot be undone. the result is that as on this date the principal of the suit note is reduced to rs. 281-12-3. this principal is made up of rs. 255-15-0 being the principal originally advanced and rs. 25-13-3 interest. under section 8(explanation) of act iv of 1938 the principal of the renewed promissory note will be rs. 255-15-0 and the interest outstanding on 1st october, 1937, will be cancelled. it is not possible for the defendants to prove either that the appropriation towards the principal of the suit note was really towards that.....
Judgment:

Wadsworth, J.

1. On 1st July, 1933, the petitioner executed the suit promissory note for Rs. 391-15-1 which was in renewal of an earlier promissory note for Rs. 255-15-0. On 4th September, 1934, the petitioner made a payment of Rs. 26-5-2 towards the interest and Rs. 110-2-10 towards the principal of the suit promissory note. The plaint was filed on 4th September, 1937. On the basis of the Bench decisions, the appropriations made on 4th September, 1934 cannot be undone. The result is that as on this date the principal of the suit note is reduced to Rs. 281-12-3. This principal is made up of Rs. 255-15-0 being the principal originally advanced and Rs. 25-13-3 interest. Under Section 8(explanation) of Act IV of 1938 the principal of the renewed promissory note will be Rs. 255-15-0 and the interest outstanding on 1st October, 1937, will be cancelled. It is not possible for the defendants to prove either that the appropriation towards the principal of the suit note was really towards that portion of the principal which consisted of the original principal, or that there was a sum in excess of Rs. 25-13-3 and subsequent interest outstanding towards interest as on 1st October, 1937. The decision of the lower Court is correct and the revision petition is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //