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Varanasi Seethamma Vs. Sreshtalur Vijiaraghava Charyulu and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.940
AppellantVaranasi Seethamma
RespondentSreshtalur Vijiaraghava Charyulu and ors.
Cases Referredand Luchmeswar Singh Bahadur v. Syad Lutf Ali Khan
Excerpt:
creditor and debtor - appropriation, of monies paid by debtor towards interest--right to appropriate--absence of evidence. - .....this, and on the other hand luchmeswar singh bahadur v. syad lutf ali khan 8 b.l.r. 110, is clear authority that he can. there as here there was nothing to show appropriation for interest when the payment was made. the plaintiff's account was, therefore, drawn up on a proper basis. the decree of the lower court is modifier by substituting rs. 3,552-1-9 for rs. 1,544-10-0. the time is extended by three months from this date. the appellant will have his costs on the amount allowed in this and the lower court.
Judgment:

1. The question is whether, in the absence of evidence that any appropriation was made by the creditor at the times when the various sums were paid by the debtor, the creditor can be allowed to make out his account on the basis that when each sum was paid, portion of it was appropriated towards the interest then due. No authority has been quoted to show that the creditor cannot do this, and on the other hand Luchmeswar Singh Bahadur v. Syad Lutf Ali Khan 8 B.L.R. 110, is clear authority that he can. There as here there was nothing to show appropriation for interest when the payment was made. The plaintiff's account was, therefore, drawn up on a proper basis. The decree of the lower Court is modifier by substituting Rs. 3,552-1-9 for Rs. 1,544-10-0. The time is extended by three months from this date. The appellant will have his costs on the amount allowed in this and the lower Court.


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