JOSHYAM NARAYANIAH Vs. UPPU MADHAVA ROW

JUDGEMENT

(1.) IT is conceded that the decree of the lower Court, in so far as it allows interest at the rate of 18 per cent, since the date fixed for payment on December 26, 1908, cannot be supported. See the decision of the Privy Council in Sundar Koer v. Rai Sham Kishen 34 C. 150; 4 A.L.J. 109; 11 C.W.N. 249; 5 C.L.J. 108; 17 M.L.J. 43; 9 Bom. L.R. 301: 2 M.L.T. 75; 34 I.A. 9. Interest at the rate of 6 per cent. will be allowed from December 25 on the aggregate sum. The decrees must be modified accordingly. The appellant has failed on the issue of fact, and the question of the rate of interest was not raised in the Court below. He must pay the costs of this second appeal.