NILMONI SARDAR Vs. BAIDYANATH DAS MANNA

JUDGEMENT

(1.) THE principal point raised in this appeal on be half of the plaintiffs is whether they are entitled to interest pendente lite in terms of the contract from the date of the filing of the suit till the date of redemption. The facts are all admitted. The plaintiffs filed the suit for enforcing a mortgage executed in October, 1945, the principal amount being Rs. 5000/ -and the rate of interest stipulated 8 per cent, per annum The plaintiffs claimed the principal amount together with interest which had accrued up to the date of the suit as also future interest and interest pendents lite at the rate mentioned in the mortgage bond as well as costs. Though the defendant had denied in the written statement that he had borrowed from the plaintiffs the principal amount or created the mortgage, at the time of the trial such defence was not pressed. The only point raised by the defence was about the number of instalments which the Court should allow for the payment of the decretal amount. He pleaded for an annual instalment of Rs. 500/ -

(2.) THE learned Subordinate Judge decreed the amount as claimed in the plaint, viz., Rs. 6933/ - i. e., with interest calculated up to the date of the suit. There is no mention either in the judgment or in the decree of the claim for the payment of interest pendente lite. The decretal dues Were to be paid in annual instalments of Rs. 1000/ - each. Costs were also allowed.

(3.) RELIANCE was placed on behalf of the appellant on Kusum Kumari v. Debi Prosad where it had been laid down that under Section 34 of the Code of Civil Procedure the contractual relationship between the parties came to an end with the decree, and the Court had power under this section to allow interest on the decretal amount until realization. Although the decision in that case was on certain provisions of the Sonthal Perganas Settlement Regulation, 1872, reference was made to the provisions of Order XXXIV of the Code of Civil Procedure, and it was observed that the mortgagee was entitled to interest pendente Site at the contract rate.