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1993 Supreme(Ker) 181

K.JOHN MATHEW, K.NARAYANA KURUP
George – Appellant
Versus
Daniel – Respondent


Judgment :-

John Mathew, J.

What is the rate of interest payable when the parties agree to pay bank interest?

2. This question arises in this appeal filed by the plaintiffs in a suit for money where the lower court granted only 5% interest per annum. The 1st defendant is the brother of the 1st plaintiff. The 2nd plaintiff is 1st plaintiff's son. The 2nd defendant is 1st defendant's wife. The plaint schedule property was acquired by the 1st plaintiff and defendants 1 and 2 along with the deceased wife of the 1st plaintiff for establishing an unaided English Medium Residential School. The School was established in the name and style 'St. John's Residential School'. The 1st plaintiff was the Headmaster of the school and the 1st defendant was the manager of the school. 1st plaintiff's wife died. The 2nd plaintiff is their only son. Differences of opinion arose between the 1st plaintiff and the 1st defendant. Those differences were settled through the mediation of some persons as per Ext.A5 settlement dated 14-8-1984. Under the agreement the plaintiff agreed to assign his rights over the plaint schedule items in favour of the defendants for a sum of Rs.5 lakhs, even though the plaintiffs















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