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Mantena Kanakaraju Vs. Datla Atchutharamanaraju and anr. - Court Judgment

LegalCrystal Citation
Subject Civil
CourtChennai
Decided On
Reported inAIR1940Mad432; (1940)1MLJ600
AppellantMantena Kanakaraju
RespondentDatla Atchutharamanaraju and anr.
Excerpt:
- .....be treated as the principal amount and plaintiffs will be entitled to interest thereon at 6| per cent, from 1st october 1937 and the decree will be scaled down accordingly. leave.....
Judgment:
ORDER

Wadsworth, J.

1. It is contended that the Act does not apply to the scaling down of debts which have ripened into decrees after the commencement of the Act. I can find no support in the Act for this contention. The definition of 'debt' specifically includes a decree debt and it Seems to me clear that a decree debt is nonetheless a debt because it does not fall within the category for which special provision is made in Section 19. I do not think that the petitioner is entitled to deduct the amount debited for interest at a time when the account was still running with fluctuating balance. When the account closed there was a definite amount of Rs. 1874-7-0 due and this must be treated as the principal amount and plaintiffs will be entitled to interest thereon at 6| per cent, from 1st October 1937 and the decree will be scaled down accordingly. Leave refused.


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