( 1 ) THIS appeal is directed against the judgment and decree dt, Dec. 12, 1980 passed by the City Civil Judge, Bangalore City in os No. 2530 of 1980.

( 2 ) THE appeal raises some questions of considerable importance as to the constraint on banking institutions to charge interest on loans/advances/overdrafts or any other financial accommodation and the power of Courts to examine the rigour of such transactions and give relief to the debtor by calling into aid the usury enactments. The facts, in brief, are these :

( 3 ) ONE D. S. Gowda was allotted a site No. 132/4 at Rajamahal Vilas Extension, Bangalore by the Bangalore development Authority, He wanted to construct some residential flats in that site. He approached the Corporation Bank Ltd,, for financial help for his project. The Corporation Bank Ltd,, which' has since been nationalised and now called as "corporation Bank" readily acceded to his request and gave advance and overdraft facilities. D. S. Gowda took the loan and commenced construction. The loan sanctioned was perhaps found insufficient. So he could neither finish the building nor could repay the loan. On Nov. 26, 1973, he executed an irrevocable p