JIWANDAS vs BABU LAL - 1936 Supreme(Nagpur) 67

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1936 Supreme(Nagpur) 67

VIVIAN BOSE
JIWANDAS – Appellant
Versus
BABU LAL – Respondent

Advocates Appeared:
A R Kulkarni, A V Khare, D B Najbille, M B Kinkhede, W B Pendharkar, W R Puranik, Advocates

JUDGMENT

Vivian Bose—The main question in this appeal is about interest. The plaintiff claims as a trustee to the estate of one Mulchand under a will executed by him. His case is that the defendant borrowed money from time to time from Mulchand, and then, after his death, from the plaintiff. The money was advanced, partly in the shape of cash advance made by Mulchand and the plaintiff, and partly by payments which Mulchand's debtors were authorised to make to the defendants in discharge of their debts to Mulchand. The plaint sets out the amounts, and then continues : ''There was no specific stipulation for payment of the amount. The defendant does not pay it in spite of repeated demands and hence the suit.'' The plaintiff claims interest on each of these amounts from the dates on which the defendants received them. The learned Judge of the lower appellate Court has allowed this, and the question is whether he was right in doing so. It seems clear that interest cannot be allowed as of course. Their Lordships of the Privy Council stated in Kalyan Das v. Maqul Ahmad, 1918 AIR(PC) 53, ''interest depends on contract, express or implied, or on some rule of law allowing it.'' In the presen

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