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1956 Supreme(Cal) 109

R.P.MOOKERJEE, P.K.SARKAR
Nilmoni Sardar – Appellant
Versus
Baidyanath Das Manna – Respondent


Advocates:
Ashutosh Ganguly, for Appellants; Purushottam Chatterjee and Rameswar Saha, for Respondents.

Judgement

K. P. MOOKERJEE, J. :- The principal point raised in this appeal on behalf of the plaintiffs is whether they are entitled to interest pendente lite in terms of the contract from the date of the filing of the suit till the date of redemption. The facts are all admitted. The plaintiffs filed the suit for enforcing a mortgage executed in October, 1945, the principal amount being Rs. 5000/-and the rate of interest stipulated 8 per cent. per annum. The plaintiffs claimed the principal amount together with interest which had accrued up to the date of the suit as also future interest and interest pendente lite at the rate mentioned in the mortgage bond as well as costs. Though the defendant had denied in the written statement that he had borrowed from the plaintiffs the principal amount or created the mortgage, at the time of the trial such defence was not pressed. The only point raised by the defence was about the number of instalments which the Court should allow for the payment of the decretal amount. He pleaded for an annual instalment of Rs. 500/-.

2. The learned Subordinate Judge decreed the amount as claimed in the plaint, viz., Rs. 6933/-, i.e., with interest calculated up











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