SHYAM LAL BOSE Vs. KALIM SHAIKH

JUDGEMENT

(1.) I think this appeal should be allowed and the case should be sent back to the lower appellate Court to be disposed of in respect of the following three matters.

(2.) First of all, it is alleged by the appellant that there is a slip of some Rs. 200 in drawing up the decree in that the decree has been drawn up so as not to give him Rs. 200 which has really been awarded to him by the judgment. We cannot in this Court tell whether this sum of Rs. 200 has been omitted by design or whether it has been omitted by miscalculation or whether it has been omitted for good reasons. So, this matter must go back to the lower appellate Court to be put right.

(3.) The next thing is that the appellant complains that the lower appellate Court has refused to give him any interest at all on the money rent in spite of the fact that in the kabuliyat there is a rate mentioned which amounts, as I understand, to some 37 1/2 per cent per annum. It appears to me that the defendants have no defence at all to a claim for interest on the arrears of rent at the kabuliyat rate. It appears to me also that it is no sound reason to say that, considering the conduct of the defendants, the Subordinate Judge could disallow any interest on the rent in arrears. The plaintiff has a contractual right to interest. It does not appear necessary in order to obtain a decree for interest to show that the defendants have acted unreasonably at all. The point is that, if the defendants have not paid their rent in time, the plaintiff is entitled to interest. The Court below seems to think that to allow contractual interest rests on their discretion. That is not so. That matter must be put right by the lower appellate Court.