High CourtsDivision Bench(1897) 02 MAD CK 0003

Nityananda Patnayudu and Others vs Sri Radha Cherana Deo and Others

Madras High Court · Decided on 5 February 1897 · Citation: (1897) ILR (Mad) 371

HON’BLE JUDGES
Subramania Ayyar, J · Benson, J

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Judgment

9 paragraphs · 223 words
1.

There is nothing in the document to indicate that the parties did not intend that interest should be paid after the expiration of the eight years,

within which the principal was to be re-paid, and we must, there�fore, hold, having rogard to the ordinary expectations of parties who enter into

transactions of this kind, that it was the intention of the parties in this case that interest should continue to be paid until the liquidation of the debt.

This is in accordance with the principles laid down in the recent Privy Council Case, Mathura Das v. Baja Narindar Bahadur Pal L.R. 23 IndAp

138 which is now the authoritative guide on the question of post diem interest

2.

We must allow the appeal with costs in both Courts and modify the decree by allowing interest at the rate of 18 per cent, from the date of

default up to 16th April 1888, and thereafter at 9 per cent, per annum up to the date of the lower Court''s decree, and further interest on the whole

amount at the rate of 6 per cent, till payment. Credit should be given for the amount paid towards interest by the defendants as found by the

District Judge. There will be the usual order for sale in default of payment within six months from this date.