P. Kanniappa Chetty vs Rangammal And Ors. on 28 September, 1909

JUDGMENT

1. We agree with the find-dings arrived at by the Judge. Whether a transaction was unconscionable or not depends. upon the facts of each case. The 1st defendant is an old woman, the others are her sons who are coolies, and the plaintiff is a moneylender. The bond is for a larger sum than what was paid and the higher interest was only inserted to secure the prompt execution of a mortgage-deed. In these circumstances we think the Judge was right in not enforcing payment of the full rate of interest. The interest decreed is reasonable.

2. The appeal is dismissed with costs.