Judgement

Appeal (No. 117 of 1922) from a judgment and decree (November 9, 1920) varying a decree (September 25, 1917) of the Subordinate Judge of Arrah.

The suit was brought by the respondents to recover principal and interest under a mortgage dated May 27, 1910, in circumstances which are stated in the judgment of the Judicial Committee.

The trial judge made a decree under which the interest recoverable was at the rate of 2 per cent, per mensem simple interest, instead of compound interest with yearly rests as provided by the mortgage.

Upon appeal the rate of interest provided in the mortgage was allowed. The learned judges (Doss and Adami JJ.) were of opinion that under decisions of the Privy Council the defendants had not established a case entitling them to a reduction in the rate agreed.

1923. Nov. 16. De Gruyther K.C., H. N. Sen and Abdul Majid for the appellants. Having regard to the circumstances in which the loan was made, the appellant was in a position of helplessness, and the respondents were in "a position to dominate his will" within s. 16 of the Indian Contract Act. Having regard to the security, the rate of interest was usurious, and the transaction unconscionable