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1949 Supreme(Mad) 363

P.V.RAJAMANNAR, KRISHNASWAMI NAYUDU
SV. L. SV. Sevugan Chettiar – Appellant
Versus
Chinnasami Chettiar – Respondent


Advocates:
R. Gopalaswami Aiyangar and K.C. Srinivasan for Appellant.
N.R. Raghavachari and T.R. Arunachalam for Respondents.

The Chief Justice.-The only question in this appeal preferred by the plaintiff who sued to recover the amount due for principal and balance of interest on a promissory note dated the 24th July, 1930, executed by the first defendant and others in his favour for Rs. 4,600 is whether the defendants are entitled to any relief under the Usurious Loans Act. The suit promissory note carried interest at 24 per cent, per annum. It is common ground that this promissory note represents the final transaction in a series of transactions between the parties beginning in 1922. In that year there were two promissory notes executed by the first defendant in favour of the plaintiff for Rs. 1,000 each, Exs. P-4 and P-5. Under these promissory notes the rate of interest was also 24 per cent, per annum. They were consolidated into a single promissory note on 20th September, 1924, Ex. P-6, for Rs. 2,000. On 12th April, 1927, for the amount due under the promissory note of 1924 both for principal and balance of interest, another promissory note for Rs. 3,750 was executed carrying interest at 24 per cent, per annum. It is in renewal of this promissory note that the suit promissory note was executed on 24t
















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