Supreme Court of India · 1960-08-05
SARDAR SAMSHER SINGH vs RAJA SARDAR NARAIN AND OTHERS.
- Citation / case number
- SC 1954/90238
- Court
- Supreme Court of India
- Petitioner
- SARDAR SAMSHER SINGH
- Respondent
- RAJA SARDAR NARAIN AND OTHERS.
- Author
- DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.,AYYANGAR, N. RAJAGOPALA
- Bench
- DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court interpreted Section 14(4)(a) of the U.P. Encumbered Estates Act, 1934, which restricts the recovery of interest to the amount of principal due on the date of application. The Court held that the decree should reflect a reduction of interest to align with the principal amount, emphasizing that the statute's wording was intended to benefit the applicant. The previous ruling in Pandit Ramsagar Prasad v. Mst. Shayama was disapproved, affirming that the benefit of the statute applies regardless of prior decrees.