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1945 Supreme(Nagpur) 52

BOSE, SEN
BAPURAO – Appellant
Versus
ANANT KASHINATH – Respondent


Advocates Appeared:
A V Khare, M N Jog, T B Pendharkar, Y V Jakatdar, Advocates

JUDGMENT

Sen, J—This is an application by respondentsdefendants 1 and 2 for amendment of the preliminary decree for foreclosure dated the 18th November 1940. The date fixed for payment of the decretal amount was the 18th May 1941. The amount payable under the decree is Rs. 1,44,433-6-0 (Rs. 15,875 principal, Rs. 1,25,023-8-0 interest on the said principal and Rs. 1,517-14-0 and Rs. 2,017 for costs of the suit and the appeal). The applicants urge that the decree which has been drawn up is not in accordance with the judgment and that it should have been for Rs. 35,284-14-0 (Rs. 15,875 principal, Rs. 15,875 interestinterest being restricted to this amount by reason of the rule of damdupat and Rs. 3,534-14-0 on account of costs).

2. The difference is due to the fact that in the decree interest at Re. 1-2-0 per cent per mensem with annual rests has been calculated on Rs. 31,750 from the 14th August 1929, the date of suit, to the 18th May 1941, the date fixed for payment.

3. In order to understand the point involved in this application it is necessary to set out briefly a few relevant facts. Lalji Shankar executed a mortgage for Rs. 15,875 on the 21st March 1922 in favour of Vishwanath Ramj









































































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