Pana Ana Rana Arunachallam Pillai v. Govindaswami Naicker
1931-09-17
body1931
DigiLaw.ai
JUDGMENT 1. This appeal is by the defendant in a suit for money and raises two points as to interest. The amount sued for consisted partly of the price of cloth sold by the plaintiff, a trader, to the defendant, who is also a trader in cloth and partly of an amount of Rs. 500 advanced to the defendant on a pledge of a kasimalai. The defence as to interest on the price of the cloth was that there was no contract for interest either express or to be implied from the usage of trade and as to interest on the loan on the pledge that the defendant had tendered the amount borrowed (Rs. 500) with interest at Re. 1-2-0 per cent. per mensem on 20th September, 1923, i.e., about 25 days before the suit, that the plaintiff had improperly refused to accept the amount and return the pledged jewel and that, therefore, the plaintiff was not entitled to further interest from the date of tender or to costs of suit on that head of the claim.