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Amid (Hamid) Ali and ors. Vs. Abdul Mea Mozumdar and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in42Ind.Cas.616
AppellantAmid (Hamid) Ali and ors.
RespondentAbdul Mea Mozumdar and ors.
Excerpt:
registration act (xvi of 1908), section 47 - priority--registration of deed subsequent to that of another deed, effect of. - 1. this appeal must fail on the findings of fact made by the learned judge of the lower appellate court. it is quite clear that, on those facts, the plaintiffs' document being registered within the time limited by the registration act had priority over the document under which the defendants claimed.2. it is urged also that the interest was penal. no issue was raised on this point and the point does not arise for our decision. in any event, this contract about interest, in the absence of any evidence of extortion or that the interest itself is so high that it amounts to extortion, is a valid contract.3. the appeal fails and is dismissed with costs.
Judgment:

1. This appeal must fail on the findings of fact made by the learned Judge of the lower Appellate Court. It is quite clear that, on those facts, the plaintiffs' document being registered within the time limited by the Registration Act had priority over the document under which the defendants claimed.

2. It is urged also that the interest was penal. No issue was raised on this point and the point does not arise for our decision. In any event, this contract about interest, in the absence of any evidence of extortion or that the interest itself is so high that it amounts to extortion, is a valid contract.

3. The appeal fails and is dismissed with costs.


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