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1990 Supreme(AP) 215

Andhra Pradesh High Court
Judges : IYYAPU PANDURANGA RAO
Central Bank of India - Appellant
Versus
Popuri Sarangaiah - Respondent
A.S. NO.1234/86 etc.
Decided On : 06-12-90
Advocates Appeared :
Mr. P. Venkatamuni Reddy, Mr. Vijay B. Paropakari, Mr. S. Suryaprakasa Rao, Mr. M. Chandrasekhara Rao,Mr. G. Peddababu, Mr. K. Raja Reddy, Mr. S.V. Madhusudhana Charyulu, Mr. L. Nageswara Rao, Mr. T. Bali Reddy, Mr. O. Manohara Reddy

Headnote:USURIOUS LOANS ACT - BANKING REGULATION ACT, Section 21(a) - The Provisions of Banking Regulation Act override the provisions of Usurious Loans Act - Section 21(a) of the Banking Regulation Act is prospective in operation - Case: law reviewed.

IYYAPU PANDURANGA RAO, J.

( 1 ) A. S. No. 1234 of 1986 is an appeal against the judgment and decree dated 9-11-1983 of the learned Additional Subordinate Judge, Narasaraopet in O. S. No. 282/82 on his file.

( 2 ) A. S. No. 1240 of 1986 is an appeal against the judgment and decree dated 18-4-1985 of the learned Subordinate Judge, Gooty in O. S. No. 90/84 on his file.

( 3 ) A. S. No. 1211 of 1986 is an appeal against the judgment and decree dated 13-1-1985 of the learned Subordinate Judge, Addanki in O. S. No. 67/83 on his file.

( 4 ) A. S. No. 1861 of 1986 is an appeal against the judgment and decree dated 9-11-1983 of the learned Subordinate Judge, Narasaraopet in o. S. No. 318 of 1982 on his file.

( 5 ) A. S. No. 1237 of 1986 is an appeal against the judgment and decree dated 19-11-1985 of the learned Principal Subordinate Judge, Vijayawada in o. S. No. 256/84 on his file.

( 6 ) A. S. No. 586/86 is an appeal against the judgment and decree dated 22-8-1985 of the learned Subordinate Judge, Medak in O. S. No. 90/84 on his file.

( 7 ) A. S. No. 2017/86 is an appeal against the judgment and decree dated 22-1-1986 of the learned Principal Subordinate Judge, Anantapur in o. S. No. 59/83 on his file.

( 8 ) A. S. No. 1972/86 is an appeal against the judgment and decree dated 10-3-1986 of the learned Principal Subordinate Judge, Narasaraopet in O. S. No. 141/85 on his file.

( 9 ) A. S. No. 232/87 is an appeal against the judgment and decree dated 8-9-1986 of the learned Principal Subordinate Judge, Tenali in O. S. No. 145/84 on his file.

( 10 ) A. S. No. 1143 of 1988 is an appeal against the judgment and decree dated 9-11-1987 of the learned Principal Subordinate Judge, Narasaraopet in O. S. No. 177/85 on his file.

( 11 ) A. S. No. 2557/88 is an appeal against the judgment and decree dated 9-9-1988 of the learned Additional District Munsif, Hindupur in O. S. No. 54/87 on his file.

( 12 ) A. S. No. 2159 of 1986 is an appeal against the judgment and decree dated 21-1-1986 of the learned Subordinate Judge, Nandyal in O. S. No. 11/85 on his file.

( 13 ) A. S. No. 1403 of 1989 is an appeal against the judgment and decree dated 29-12-1988 of the learned Subordinate Judge, Nalgonda in OS. No. 16/86 on his file.

( 14 ) SOME of the points that arise for consideration in all these appeals are common and consequently the learned counsel appearing for both sides requested that the appeals may be heard together and disposed of the same by a common judgment. Hence these appeals are heard together and are disposed of by a common judgment. Separate points, if any, arise in each appeal, will be considered separately while disposing of these appeals.

( 15 ) THE common points that arise for consideration in all these appeals are (1) whether the provisions of Usurious Loans Act, 1918 (hereinafter referred to as the act ) overrides the provisions of Section 21-A of the Banking Regulation Act (Act 10 of 1949) (as inserted by Banking Laws amendment Act, 1983 (1 of 1984) (hereinafter referred to as the banking regulation Act); (2) whether the provisions of Section 21-A of the Banking regulation Act have retrospective operation; and (3) To what relief?

( 16 ) POINT No. 1 :all these appeals excepting A. S. Nos. 586/86 and 1972/86 arise out of the suits filed by the banking companies for the recovery of the amounts lent by the said banks while A. S. No. 586/86 and A. S. No. 1972/86 were filed by the borrowers. The borrowers took various defences including that they are agriculturists within the meaning of A. P. (Andhra area) Agriculturists Relief Act (Act No. 4 of 1938) (hereinafter referred to as the "agriculturists Relief Act") and that the interest claimed is usurious. Having considered the defences raised in various suits, some of the suits were decreed in part and some of the suits were decreed as prayed for.

( 17 ) SECTION 4 (e) of the Agriculturists Relief Act, so far as it is relevant,, reads as follows :"nothing in this Act shall affect debts and liabi























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