IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 30 of 1999(B)
1. SIVASANKARAN NAIR
... Petitioner
Vs
1. SANTHAKUMARI
... Respondent
For Petitioner :SRI.N.SUBRAMANIAM
For Respondent :SRI.V.C.JAMES
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice P.BHAVADASAN
Dated :08/01/2010
O R D E R
KURIAN JOSEPH & P.BHAVADASAN, JJ.
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AS No.30 of 1999
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Dated 8th January 2010
Judgment
Bhavadasan, J.
The second defendant in OS No.907/94 before the Sub
Court, Thrissur, is the appellant. He suffered a mortgage
decree. The parties and facts are hereinafter referred to, as
they are available before the Court below.
2. In the light of the scope of this appeal, the facts which
are absolutely necessary for its disposal alone are being
referred to in this Judgment. The suit was based on Ext.A1
mortgage deed dated 07.10.1982. The first defendant was the
mortgager. The second defendant purchased the rights of the
first defendant. The contention of the second defendant in the
suit was that he had discharged the debt. However, he failed to
prove his contention before the Court below and the suit was
decreed. Hence this Appeal.
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3. The learned counsel for the appellant stressed only
one aspect for consideration. It was pointed out that the
pendente lite interest and the future interest are considerably
high and some leniency should be shown in this regard.
4. It is true that a reading of the mortgage deed shows
that the mortgager had agreed to repay the mortgage amount
with 18% interest. But, it is well settled that pendente lite
interest and future interest are within the discretion of the
Court. Normally, pendente lite interest is given at the
contractual rate. But, considering the facts and circumstances
of this case, we feel that a departure needs to be made in this
case. We are satisfied that the pendente lite interest of 12%
and future interest of 6% will meet the ends of justice. In the
result, the decree of the Court below is modified as follows :
5. The plaintiff is given a decree for Rs.1,22,562/- with
interest @ 12% for the principal sum of Rs.15,000/- from the
date of suit till the date of decree and future interest @ 6% till
the date of realisation of the amount with costs against the first
AS 30/99 3
defendant and also by the sale of plaint schedule mortgaged
property. Three months’ time is granted to make the payment.
The Appeal is partly allowed as above.
KURIAN JOSEPH, JUDGE
P.BHAVADASAN, JUDGE
sta
AS 30/99 4