UNAO COMMERCIAL BANK LTD Vs. HARI SARAN DAS

JUDGEMENT

(1.) On 6-3-1935, the Unnao Commercial Bank, Ltd., obtained a decree for Rs, 11,150-9-6 & Rs. 748-8 costs against Bhaya Hari Saran Das. The decretal amount was to carry interest at 6%.

(2.) The U. P. Agriculturists' Relief Act (XXVII [27] of 1934) came into force on 30-4-1935, & on 17-5-1935, the J. D. applied for the benefit of Sections 4 & 5 of the Act by having instalments fixed & future interest reduced. This appln. was opposed by the D. H. but it was allowed by the learned Civil Judge who converted the decree into an instalment decree. Since the J. D. paid more than Rs. 1,000 as land revenue, fifteen instalments were fixed & future interest was reduced to 3%.

(3.) The D. H. has come up in ravn. against this order. His learned Advocate has contended that too large a number of instalments have been granted & that, Section 4 not being applicable to decrees passed before the Agriculturists' Belief Act came into force, the Civil Judge had no jurisdiction to reduce interest.