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december 1968

Supreme Court of India · 1968-12-03

K. MANICKCHAND & ORS. vs ELIAS SALEH MOHAMED SAlT & ORS.

Citation / case number
SC 1965/271
Court
Supreme Court of India
Petitioner
K. MANICKCHAND & ORS.
Respondent
ELIAS SALEH MOHAMED SAlT & ORS.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that under Section 17 of the Mysore Money Lenders Act, 1939, the term 'principal of the original loan' refers to the actual cash originally advanced, not the amounts stated in the mortgage deeds. The Court affirmed the High Court's decision to determine the principal amounts as Rs. 15,017-8-0 and Rs. 22,954 for the respective mortgages, thus allowing interest based on these amounts. The Court clarified that the High Court's approach to ascertain the actual cash amounts prior to the mortgage deeds was justified, and future interest should be granted from the date fixed for redemption.

K. MANICKCHAND & ORS. vs ELIAS SALEH MOHAMED SAlT & ORS. · Niyam