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1952 Supreme(Raj) 86

BAPNA, WANCHOO
Gheesalal – Appellant
Versus
Moolia – Respondent


Advocates Appeared:
Sardarnath,for Appellant; Vishin Lal, for Respondents

Wanchoo, C.J.—This is an appeal by Gheesa Lal against the decree of the District Judge of Nagaur. The appeal is only with respect to interest and the appellant has raised four points.

2. The khata on the basis of which the suit was filed carried interest at 24% per annum. The court has, however, decreed interest at the rate of 12% per annum and the first contention of the appellant is that he should be allowed interest at the contractual rate. Secondly, it is being urged that the court has miscalculated the amount of interest even treating the rate as 12%, and that this should be corrected. Thirdly, it is said that the court has given no reason for not allowing pendente lite interest and this court should, therefore, grant pendente lite interest. Lastly, it is contended that future interest should also be allowed as the court below disallowed future interest by not saying anything about it.

3. The main question in this appeal is whether the court below was justified in reducing the rate of interest from 24% per annum to 12% per annum. In this connection the law applicable is contained in sec. 5 of the Marwar Relief of Indebtedness Act 1941. That section authorises the court, if it ha





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