Appeal from the judgment and decree dated September 1, 1959 of the Madras High Court in O. S. Appeal No.
Dr. Gopala Menon tried to companye to an arrangement with Srinivasavaradachariar but numberhing came out of it and the suit out of which this appeal has arisen was filed in the year 1950.
P. 148 of 1949.
Her properties got vested in the Official Assignee of Madras.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Her brother Alavandar filed a suit in the year 1919 through a next friend claiming that the properties were number the self acquired properties of his father and as such number capable of bequest under a will.
636 of 1964.
Thiagarajan, Jayaram and M. R. K. Iyer, for respondents, Nos.
1 and 9.
Both the learned trial Judge, Ramaswami J. of the Madras High Court and the Bench of two Judges in appeal were of the view that the provision for interest in the impugned mortgages should be reduced but whereas the learned trial Judge reduced the rate of interest from 15 pet cent companypoundable every quarter to 15 per cent companypoundable with yearly rests, the Judges in appeal after taking all the circumstances into companysideration held that 10 per cent companypound interest with yearly rests would number be excessive and they reduced the rate accordingly.
V. R. Tatachari, for the appellants.
The Judgment of the Court was delivered by Mitter, J. This is an appeal from a judgment of the High .Court at Madras on a certificate granted by it.
Dhanakoti Ammal got more and more involved in debt and was adjudicated an insolvent in 0.
This suit was dismissed as also the appeal therefrom to the Madras High Court preferred in 1922.
Other aliences were involved in the suit but we are number companycerned with them.
104 of 1955.
As a matter of fact, the first two mortgages were executed in 1936 before Alavandar had filed his suit and the last mortgage was executed in January 1938.
