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1951 Supreme(SC) 3

N. CHANDRASHEKAR AIYAR, H. J. KANIA, M. PATANJALI SASTRI
Ram Nandan Prasad Narayan Singh – Appellant
Versus
Kapildeo Ramjee – Respondent


Advocates:
H.J.Umrigar, R.C.Prasad, Ramanugrah Prasad, SHAMBHU PRASAD SINGH, TARACHAND BRIJMOHAN LAL

Judgment

Chadarasekhara Aiyar J.-The decision of these four appeals, which are connected with each other & which have arisen out of orders made by the H. C. of Patna in four misacllanous appeals, depends on the interpretation of S. 7, Bihar Money lenders (Regulation of Transpotions Act, 1939, The facts which have led to the appeals are found briefly states in the petn. filed by the present applts. in the 3rd Ct. of Sub Judge, Patna, & may be restated here for convenient reference : "The father of the petnrs. borrowed Rs. 40,000 from the guru (ancestor) of the decree- holder under mtge. bond, dated 11-1-1893. Out of Rs. 40870-7-6 interest & compound interest Upto 4-1-1910, Rs. 32,370-7-6 was paid in cash & for the balance Rs. 8000 interest & Rs. 40,000 principal, i. e., for Rs. 48,000, a Mtge. Suit No. 14 of 1910 was filed in lst Ct. of the Sub-Judge, Patna, & in lieu of "the claim & cost of the said suit two fresh mtge. bonds were executed on 11-7-1910, viz., one for Rs. 40,000 & the other for Rs. 9488, & the latter bond was satisfied by payment of Rs. 15,835 in cash. With respect to the above bond of Rs. 40,000 dated 11-7-1910 the petnrs. paid Rs. 38,530-13-6 Mtge. Suit No. 110 of













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