SBT Vs. SHAHUDEEN MUSALIYAR

JUDGEMENT

(1.) The decree holder, a banking company, has preferred this appeal from an order under S.7 of the Kerala Agriculturists Debt Relief Act, 31 of 1958. The principal sum lent was Rs. 31,322/- and the sum decreed was Rs. 40,152/-. The court below held that the judgment debtor was liable to pay the sum due on 14-7-1958 with interest thereafter at 5 per cent per annum on Rs. 31,322/-, in 17 half yearly instalments. Aggrieved by this order the decree holder has preferred this appeal.

(2.) Before considering the points raised in appeal we have to state that the order under appeal was passed on 31-10- 1960. Since then Act 31 of 1958 has been amended with retrospective effect by Acts 2 of 1961 and 26 of 1963. The case has now to be decided under the provisions of the amended Act.

(3.) Two points are raised on behalf of the appellant: (i) that interest should have been allowed from 14-7-1958 on the decree amount due on that date and not on the original sum lent and (ii) that only eight instalments should have been allowed.