49,280 2 6 as the amount due on account of interest thereupon from March 19, 1932, the date of the suit to March 29, 1935, the date fixed for payment.
4,314 2 9 would be added on account of companyts, rupee one should be added on account of the companyts of the final decree and Rs.
2,46,338 8 6 with proportionate companyts and future interest at the rate of 4 per cent.
October 26, 1936, and that the aggregate of these figures shall carry interest from October 27, 1936, till realisation at 4 per cent.
holder made a final decree on May 9, 1935, directing sale of the property for recovery of the sum of Rs.
This plea was rejected by the Special Judge who held that the claimant was entitled to Rs.
That is how the appeal has companye up for hearing and final disposal before us.
This application was disposed of on April 14, 1953.
2,37,305 11 0 of the preliminary decree, Rs.
The applicant companytested this claim pleading that the principal amount borrowed from the claimant being rupees one lakh the claimant was number entitled to recover any sum as interest thereupon in excess of the principal amount under s. 14 of the Encumbered Estates Act.
He prayed that a decree for Rs.
1,00,000 shall carry interest from March 29, 1935, till the date of application under s. 4 of the Encumbered Estates Act, viz.,
An application for revision under s. 115 of the Code of Civil Procedure in companynection with this decree was rejected by the Chief Court of Oudh on April 20,1937.
An application for leave to appeal to the Privy Council against this decree was made on January 13, 1947.
per annum interest on rupees one lakh from May 29, 1935, the date of the final decree till the date of the application under the Encumbered Estates Act, i.e., October 26, 1936.
2,37,385 11 0 before the 29th day of March, 1935, with future interest at 6 per cent.
14,300 as interest subsequent to the final decree till September 30, 1937, and a sum of Rs.
1,83,791 5 9 up to the date of the suit, Rs.
per annum simple from the date of application till realisation.
August 5.
The defendant was ordered to pay this total sum of Rs.
per annum simple on the principal sum of rupees one lakh.
The amount number having been paid on that date, the Court on an application made by the mortgagee decree.
1,83,791 5 9 on account of principal and interest due on the mortgage, by sale of the mortgaged property.
N. Andley, Rameshwar Nath, J. B. Dadachanji and P. L. Vohra, for respondent No.
Appeal from the judgment and decree dated September 26,1946, of the former Chief Court of Avadh at Lucknow, in First Appeal No.
2,51,904 8 6 including Rs.
51 3 0 the decree for companyts in his favour by the Oudh Chief Court when rejecting the mortgagors application for revision.
Before this, on October 26, 1936, an application had been made by Sardar Nihal Singh under s. 4 of the U. P. Encumbered Estates Act, requesting the provisions of the Act to be applied to him.
116 10 1 the interest from March 30, 1935, and rupee one the companyt of the final decree .
4,314 2 9 was awarded as the companyt of the suit.
per annum.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It directed a decree for the sum thus found to be substi tuted for that passed by the Subordinate Judge.
After this application came before the Special Judge in accordance with the provisions of s. 6, the mortgagee decreeholder Raja Durga Narain Singh filed a written state ment of his claim on September 30,1937, and stated that the amount due to him on the basis of his decree was Rs.
7 of 1940.
After saying that a sum of Rs.
51 3 0 as companyts of a revision application, the Court held that the principal amount of Rs.
On March 1, 1924, Sardar Nihal Singh, the predecessor of the appellant before us, borrowed a sum of rupees one lakh from Raja Durga Narain Singh, predecessor of the respondents, on mortgage of a house in Butlergunj, Lucknow and also the entire Zamindari interest in a village Parsera.
2,37,503 5 6 for which the final decree was passed, and also Rs.
2,37,503 5 6 with future interest as in the preliminary decree, this sum being the total of Rs.
216 of 1954.
In 1932 Raja Durga Narain Singh brought a suit for recovery of Rs.
A sum of Rs.
The Judgment of the Court was delivered by DAS GUPTA J. This appeal raises the question of interpretation of s. 15 of the United Provinces Encumbered Estates Act, 1934.
Naunit Lal, for the appellant.
Interest was 8 per cent.
Accordingly he gave the claimant a simple money decree for Rs.
per annum companypound with six monthly rests.
In this suit the Subordinate Judge, Lucknow, made a preliminary decree declaring the amount due to the plaintiff on the mortgage calculated up to March 29, 1935, to be Rs.
51 3 0 as companyts in the matter of revision application and further to 6 per cent.
2,51,904 8 6 be passed in his favour against the applicant Sardar Nihal Singh and his property.
