High Court Madras High Court

Venkatasami Naicken And Anr. vs Ramanthan Chettiar And Ors. on 15 February, 1910

Madras High Court
Venkatasami Naicken And Anr. vs Ramanthan Chettiar And Ors. on 15 February, 1910
Equivalent citations: 5 Ind Cas 916 a
Bench: Munro, S Nair


JUDGMENT

1. Under the judgment of the Privy Council in Umeschunder Sircar v. Zahur Fatima 18 C. 164 : 17 I.A. 201 the plaintiffs are entitled to interest calculated according to the mortgage deed and not according to the decree. The case of Ganga Das Bhattar v. Jogendranath Mitra 5 C.L.J. 315 : 11 C.W.N. 403 relied upon by the District Judge, has been dissented from in Thenappa Chettiar v. Marimuthu Nadan 31 M. 258 : M.L.J. 344 : 4 M.L.T. 293 which follows Umeschunder Sircar v. Zahur Fatima 18 C. 164 : 17 I.A. 201. We must, therefore, ask the District Judge to find on this basis, the proportionate amount which plaint item No. 4 is liable to contribute.

2. The finding should be submitted with in four weeks from the date of this order and seven days will be allowed for filing objection.