Supreme Court · 1968 INSC 330 · Decided 3 December 1968
K. Manickchand & ORS. v. Elias Saleh Mohamed Sait & ORS.
- Court
- Supreme Court of India
- Citation
- 1968 INSC 330 · [1969] 2 S.C.R. 1082
- Case number
- CIVIL APPEAL No. 441/1965
- Decided
- 3 December 1968
- Bench
- J.M. SHELAT, VISHISHTHA BHARGAVA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 17
Headnote
Mysore Money Lenders Act 13 of 1939 s. 17-"Principal amouni of original loan", meaning of-Interest under-Code of <7ivil Procedure A B (Act 5 of 1908), 0. 34, r. 11 application of-Mysore Usurious Loans C Act (Mys. Act 19 of 1923); determination of fair rate of interest under. The and interest in respect of the first mort­ gage a sum of Rs. 51,200 and in respect of the second mortgage a sum of Rs. 60,200. The trial court applying s. 17 of the Mysore Money Lenders Act, 1939 held that the principal amount of the loan in the case of the first mortgage deed was the
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