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1944 Supreme(All) 225

MOHAMMAD ISMAIL
L. Radhey Shiam – Appellant
Versus
L. Jugal Kishore – Respondent


JUDGMENT

Mohammad Ismail, J. - This and the connected appeals arise out of five separate suits that were brought by the plaintiffs for profits u/s 230, U.P. Tenancy Act (17 of 1939), against the defendant who is the lambardar. The suits were contested on a variety of grounds. The Courts below upon a consideration of the evidence have decreed the suits. The plaintiffs have now come to this Court in appeal.

2. Learned Counsel for the appellants has stressed two points. He contends that the Court below had erred in law in granting interest at the rate of only 6 1/4 per cent, per annum. He has urged that according to the correct reading of the relevant section, the plaintiffs are entitled to charge interest at the rate of 12 per cent, per annum. The suit in this case was brought with respect to arrears of years 1344 to 1346F. The suit was instituted on 9th February 1940, that is, a few days after the new Act had come into force. It is not disputed that Section 225 of Act 3 of 1926 allowed interest at the rate of 1 per cent, per mensem. The learned Civil Judge has relied upon Sections 229 and 296 of Act 17 of 1939 and has awarded interest at a reduced rate. In our opinion the appellants'

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