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Thiruvannamalai Servai and ors. Vs. Varadarajulu Naidu and ors. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in31Ind.Cas.304
AppellantThiruvannamalai Servai and ors.
RespondentVaradarajulu Naidu and ors.
Excerpt:
tender - interest--bond payable by instalments--tender of payment of overdue instalments without interest, whether proper. - .....been. the plaintiffs were entitled to interest on the 31st to 33rd instalments. owing to the non-payment and non-tender of those instalments, the whole money had become due; and the subsequents instalments, even if they were tendered on the dates fixed in the bond, were not properly tendered. the plaintiffs are entitled to a decree as asked for. i modify the decrees of the lower court and give a decree in favour of the plaintiffs for the sum sued for in both the suits. the petitioners are entitled to their costs throughout.
Judgment:

Srinivasa Aiyangar, J.

1. The lower Court is obviously in error in thinking that the tender made was a proper tender. Admittedly the tender was made after three instalments had fallen due and the amount that was tendered was only the principalsums of the three instalments without the addition of the interest as it should have been. The plaintiffs were entitled to interest on the 31st to 33rd instalments. Owing to the non-payment and non-tender of those instalments, the whole money had become due; and the subsequents instalments, even if they were tendered on the dates fixed in the bond, were not properly tendered. The plaintiffs are entitled to a decree as asked for. I modify the decrees of the lower Court and give a decree in favour of the plaintiffs for the sum sued for in both the suits. The petitioners are entitled to their costs throughout.


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