SAKHARAM GOVINDA Vs. DAGADU MIRAN

JUDGEMENT

(1.) The lower appellate Court has not carried out the intention of the Dekkhan Agriculturists Relief Act in disallowing future interest. That Court has refused future interest merely because it says:-" Thus after satisfying the interest, Rs. 813-15-3 could be appropriated towards the payment of the principal, and the balance due for principal was only Rs. But it is difficult to see how the figure which the learned Judge in the Court below has given in support of his order as to future interest affects the question at all.

(2.) It is argued here for the respondent that under the Dekkhan Agriculturists Relief Act it was open to the lower Court to refuse future interest, that is, interest claimed from the date of the institution of the suit up to the date of the decree. That argument is not supported either by the express language of the Act or by anything which may be inferred from its provisions.

(3.) In Section 13, Clause (g), the Legislature points out how the amount due is to be ascertained. It says that the amount shall be ascertained by taking an account up to the date of the institution of the suit.