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1957 Supreme(MP) 114

G.P.BHUTT, B.K.CHATURVEDI
S. S. NIRMALCHAND – Appellant
Versus
PARMESHWARI DEVI – Respondent


Advocates Appeared:
A.P.SEN, M.R.BOBDE

( 1 ) THIS is a Letters Patent Appeal by appellant No. 1, Nirmalchand, and is directed against the order of Mudholkar, J. in Miscellaneous Appeal No. 89 of 1949. His grand-mother Mst. Rajrani has formally joined as appellant No. 2. The miscellaneous Appeal was filed against the final decree of satisfaction passed by the 1st Additional District Judge, Jabalpur, in Civil Suit No. 3-A of 1934.

( 2 ) THE suit, out of which this appeal arises, was filed on 10-2-1934 for recovery of rs. 2,79,596/- and odd due on a simple mortgage bond, dated 13-8-1921. The sum advanced was Rs. 2,00,000/- which carried interest at 11 annas per cent, per mensem, with half yearly rests, the interest to be added to the principal on default and liable itself to carry interest at the same rate. The respondents paid Rs. 1,37,121/- towards the debt before the institution of the suit. As there was some dispute about calculation of interest, a round sum of Rs. 2,61,000/-, which roughly included interest at the agreed rate, was settled as the amount due on the date of the suit, towards which Rs. 1000/- were paid during the pendency of the suit. On making accounts with interest at 3 per cent, per annum from the date
























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