Hrishikesh Singh by his Next Friend Surendra Nath Palit v. Lakhi Narain Singh
1918-05-06
FLETCHER, SMITHER
body1918
DigiLaw.ai
JUDGMENT 1. This appeal must be dismissed. On the first point the learned Judge adopted the view that the rate was a penal rate and he reduced the rate both of simple interest and of compound interest. It is now said that the whole provision must go out of the mortgage-deed because it is found to be a penalty. That is obviously not so. 2. The other case that the suit is barred by limitation is not proved. The suit was to enforce a mortgage for Rs. 199 and the interest payable in paddy. It is quite dear that the suit was a suit to enforce a charge of money on Immovable property. That being so, it was not barred by limitation. 3. The appeal fails and is dismissed with costs.