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august 1960

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.

SARDAR SAMSHER SINGH vs RAJA SARDAR NARAIN AND OTHERS. · Niyam