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1959 Supreme(AP) 84

Legisetti Srinivasulu – Appellant
Versus
Gondi Peda Kondappa – Respondent


CHETTY, J.

( 1 ) C. R. P. No. 894 of 1957: The question that arises in this case is in regard to the appropriation of a sum of Rs. 100. 00 paid towards the debt on 15-8-1955. The plaintiff-creditor wants the sum to be appropriated towards interest in the first instance. His case is that when the amount was remitted through one G. Survanarayana. The defendant, as the debtor, sent explicit instructions that it should be appropriated towards interest. That case was not believed by the trial Court, and the sum of Rs. 100. 00 was therefore, appropriated by the lower Court towards the principal. Hence this Revision Petition by the creditor-plaintiff.

( 2 ) I am not interfering with the finding of fact that no specific instructions were issued by the defendant-debtor for the appropriation of. the sum towards interest. Nevertheless the creditor has got a right to appropriate the amount under Section 60 of the Contract Act towards the interest if be chooses. That right subsists even up to the stage of trial of the suit. I find from the plaint that the plaintiff, in fact, exercised the right of appropriation even in working out the figures of the amount due towards principal and interest. Th







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