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Allahabad High Court · body

1944 DIGILAW 66 (ALL)

Wahid Uddin v. Ramji Lal

1944-04-17

ISMAIL

body1944
JUDGMENT Ismail, J. - This is an appeal from an order of the Special Judge of Meerut against a decree passed u/s 14, Encumbered Estates Act. A preliminary objection has been taken to this appeal by learned counsel for the respondent to the effect that no appeal is competent to this Court u/s 45 of the Act. We have decided to dispose of this matter as an application u/s 46. We have heard learned counsel for the appellant at some length. The sole point for consideration is whether the learned Special Judge was right in calculating interest on the amount found due u/s 14 (4) of the Act which included principal and interest. It is urged that pendente lite and future interest should be calculated only on the principal amount due from the landlord and not on the aggregate amount of principal and interest. Section 14 of the Act is self-contained and lays down the procedure to be followed by the Special Judge in the examination of claims and determination of the amount due from the landlord. From a perusal of Sub-sections (4), (5) and (6) it appears that the Court has to calculate interest upon the principal upto the date of the application and pass a decree with respect to the aggregate amount found due. The restrictions are to be found in Sub-clause (4) of the section which has no application to the facts of this case. In our judgment the Court below was right in calculating pendente lite and future interest on the aggregate amount found due from the landlord on the date of the application. There is, thus, no force in this appeal. It is accordingly dismissed with costs.