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1964 Supreme(Ker) 307

T.C.RAGHAVAN, T.K.JOSEPH
Chandy Cheriyan – Appellant
Versus
Travancore General Bank Ltd. – Respondent


Judgment :-

1. The debtor-respondent in a petition under S.S, 6 and 8 of the Kerala Agriculturists Debt Relief Act, 31 of 1958, has preferred this appeal from the order of the court below, dated 12th March 1962, fixing the amount of the debt.

2. The appellant had borrowed money from the respondent - a banking company - under an overdraft agreement (Ex. P-3) dated 23rd April 1953 with a limit of Rs. 10,000. Interest at 9 per cent per annum with quarterly rests was agreed to be paid by the debtor. Ex. P-3 was executed in renewal of an earlier agreement dated 29th May 1947. According to the bank, the debtor had acknowledged the balance due on 2nd July 1958 as Rs. 10,192.52 p. and he was liable to pay a sum of Rs. 10,178.19 p. inclusive of interest on the date of the petition, i. e., 27th June 1961. Each instalment payable was stated to be Rs. 1,272.27 p. The debtor contended that interest was to be calculated on each item of debt and not on the consolidated balance and that Rs. 6,858 alone was the principal, all entries after 30th June 1949 being interest. He further contended that a sum of Rs. 1,600 had been paid after 14th July 1958, the date on which Act 31 of 1958 came into force.

















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