INTURI VENKATA SUBBAIAH Vs. INTURI VENKATRAYUDU

JUDGEMENT

(1.) This case belongs to the now disappearing category of litigation under the Madras Agriculturists Relief Act (hereinafter referred to at the 'Act'). The amount actually in dispute and involved in the secoad appeal is also very small and in fact negligible, None-the-less the second appeal raises some point of interest as to the scope of the application of Section 13 of the Act.

(2.) This second appeal brought by the defendant arises out of a suit of the respondent for recovery of Rs 3783-51, which is the amount due on a promissory note dated 9-5-1962. The promissory note was executed on that day for Rs. 5200/- payable with interest at 9% per annum An open payment of Rs. 1545 / was made OB it on 1-3-1965. The promissory note was renewed on 9-5-1965 A further payment of Rs 1500/-was made on 22nd March 1967.

(3.) While filing the suit,the plaintiff claimed interest only at the statutory rate of 5% per annum as prescribed by Section 13 of the Act. What he has however done is that he has appropriated, at the time of filing the suit, the payments made first towards the interest accrued on the debt till the respective dates of payments and then the balances of the two payments towards principal. That is, how he arrived at the figure of Rs. 3783-51 as still due to him on the date of the suit.