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Hrishikesh Singh Minor, by His Next Friend Surendra Nath Palit Vs. Lakhi NaraIn Singh - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal860(1),46Ind.Cas.384
AppellantHrishikesh Singh Minor, by His Next Friend Surendra Nath Palit
RespondentLakhi NaraIn Singh
Excerpt:
mortgage - interest payable, in paddy--mortgage, nature of--contract act (x of 1872), section 74--interest, penal rate of, how to be death with. - 1. this appeal must be dismissed. on the first point the learned judge adopted the view that the rate was a penal rate and he reduced the rate both of simple interest and of compound interest. it is now said that the whole provision must go out of the mortgage-deed because it is found to be a penalty. that is obviously not so.2. the other case that the suit is barred by limitation is not proved. the suit was to enforce a mortgage for rs. 199 and the interest payable in paddy. it is quite dear that the suit was a suit to enforce a charge of money on immoveable property. that being so, it was not barred by limitation.3. the appeal fails and is dismissed with costs.
Judgment:

1. This appeal must be dismissed. On the first point the learned Judge adopted the view that the rate was a penal rate and he reduced the rate both of simple interest and of compound interest. It is now said that the whole provision must go out of the mortgage-deed because it is found to be a penalty. That is obviously not so.

2. The other case that the suit is barred by limitation is not proved. The suit was to enforce a mortgage for Rs. 199 and the interest payable in paddy. It is quite dear that the suit was a suit to enforce a charge of money on immoveable property. That being so, it was not barred by limitation.

3. The appeal fails and is dismissed with costs.


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