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Judgment
3 paragraphs · 130 words
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 Immovable property. That being so, it was not barred by limitation.
3.
The appeal fails and is dismissed with costs.