KRISHNA REDDY H P Vs. CANARA BANK

JUDGEMENT

(1.) This appeal 1 as been preferred against the Decree and Judgment dated December 17, 1974, made by the Additional Civil Judge, Bangalore, in O.S. No. 42/1972.

(2.) The appellant was defendant against whom the respondent-Canara Bank (the "Bank") instituted the suit for recovery of a sum of Rs. 23,940-97 with current interest at 13 per cent per annum on the following averments:- On June 19, 1969, the defendant availed of a loan of Rs. 15,500/- on the security of immoveable properties with the deposit of title deeds so as to create an equitable mortgage in favour of the Bank. In order to ensure prompt repayment of the loan, the defendant also executed an On Demand Promissory Note for a sum of Rs. 15.500/- in favour of the Bank. On October 14, 1969, the defendant again availed of another loan of Rs. 10.500/- by extending the said security and on executing another Promissory Note for a sum of Rs. 10,500/-. The defendant also hypothecated his crops and live-stock by executing necessary agreements. In all, the defendant had taken Rs. 26.000/- as loan from the Bank. The loan was not repaid as agreed upon and on March 31, 1972, the defendant was found due in a sum of Rs. 23,940-97, with interest at the rate of 13 per cent per annum as per rules of business, trade usage and custom. The particulars of the amount claimed ia the plaint are : <FRM>JUDGEMENT_115_KANTLJ2_1985Html1.htm</FRM>

(3.) The defendant while resisting the suit has admitted the creation of equitable mortgage by deposit of title deeds of his properties as security for the loan taken from the Bank. He has also admitted the execution of the Promissory Notes as alleged in the plaint. But he has denied the liability to pay interest at the rate of 13 per cent per annum. He has also disputed the liability of charging higher rate of interest and the validity of the suit claim without furnishing the details of the aggregate interest charged.