High CourtsDivision Bench(1938) 11 MAD CK 0037

Mantena Kanakaraju vs Datla Atchutharamanaraju and Another

Madras High Court · Decided on 21 November 1938 · Citation: AIR 1940 Mad 432 : (1940) 51 LW 452 : (1940) 1 MLJ 600

HON’BLE JUDGES
Wadsworth, J

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Judgment

1 paragraphs · 154 words

Wadsworth, J.—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.