Posted On by &filed under High Court, Madras High Court.


Madras High Court
P. Kanniappa Chetty vs Rangammal And Ors. on 28 September, 1909
Equivalent citations: 3 Ind Cas 818
Bench: R Benson, S Nair


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.


Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

66 queries in 0.092 seconds.