Skip to content


Venkatasami Naicken and anr. Vs. Ramanthan Chettiar and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.916a
AppellantVenkatasami Naicken and anr.
RespondentRamanthan Chettiar and ors.
Cases ReferredUmeschunder Sircar v. Zahur Fatima
Excerpt:
mortgage - interest--calculation--contract rate or court rate. - 1. under the judgment of the privy council in umeschunder sircar v. zahur fatima 18 c. 164 : 17 i.a. 201 the plaintiffs are entitled to interest calculated according to the mortgage deed and not according to the decree. the case of ganga das bhattar v. jogendranath mitra 5 cri.l.j. 315 : 11 c.w.n. 403 relied upon by the district judge, has been dissented from in thenappa chettiar v. marimuthu nadan 31 m. 258 : m.l.j. 344 : 4 m.l.t. 293 which follows umeschunder sircar v. zahur fatima 18 c. 164 : 17 i.a. 201. we must, therefore, ask the district judge to find on this basis, the proportionate amount which plaint item no. 4 is liable to contribute.2. the finding should be submitted with in four weeks from the date of this order and seven days will be allowed for filing objection.
Judgment:

1. Under the judgment of the Privy Council in Umeschunder Sircar v. Zahur Fatima 18 C. 164 : 17 I.A. 201 the plaintiffs are entitled to interest calculated according to the mortgage deed and not according to the decree. The case of Ganga Das Bhattar v. Jogendranath Mitra 5 CRI.L.J. 315 : 11 C.W.N. 403 relied upon by the District Judge, has been dissented from in Thenappa Chettiar v. Marimuthu Nadan 31 M. 258 : M.L.J. 344 : 4 M.L.T. 293 which follows Umeschunder Sircar v. Zahur Fatima 18 C. 164 : 17 I.A. 201. We must, therefore, ask the District Judge to find on this basis, the proportionate amount which plaint item No. 4 is liable to contribute.

2. The finding should be submitted with in four weeks from the date of this order and seven days will be allowed for filing objection.


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