ANANTHANARAYANA IYER Vs. POULOSE
LAWS(KER)-1963-2-6
HIGH COURT OF KERALA
Decided on February 12,1963

ANANTHANARAYANA IYER Appellant
VERSUS
POULOSE Respondents


Referred Judgements :-

SUBRAMANYAM CHETTIAR V. MUTHUSWAMY GOUNDAN [REFERRED TO]
TIKA RAMJI OTHERS VS. STATE OF UTTAR PRADESH [REFERRED TO]
A S KRISHNA VS. STATE OF MADRAS [REFERRED TO]
STATE OF RAJASTHAN VS. G CHAWLA [REFERRED TO]
T J JOSEPH VS. MUNICIPAL COUNCIL PALAI [REFERRED TO]
PRAFULLA KUMAR MUKHERJEE VS. BANK OF COMMERCE LTD, KHULNA [REFERRED TO]


JUDGEMENT

- (1.)This second appeal raises a constitutional question as to the validity of certain provisions in the Travancore Cochin Indebted Agriculturists' Relief Act, III of 1956 (continued in force by Kerala Act XI of 1958), and in the Cochin Agriculturists' Relief Act, XVIII of 1114, on account of their repugnancy to the provisions of S.32 and 79 of the Negotiable Instruments Act, 1881, imported into the State by the Central Act III of 1951.
(2.)The appellants sued the respondent for the balance due under a promissory note dated April 18, 1953, calculating interest on the principal amount at 12 per cent per annum as specified in the note. The respondent contended that he being an agriculturist, which fact was not disputed by the appellants, interest above 6 per cent per annum cannot he claimed against him as has been directed in the aforesaid Agriculturists' Relief Acts, and that therefore the amount due by him was only Rs. 674.7 nP. which he paid to the appellants through court on February 5, 1958. The appellants impugned the provisions in the aforesaid Acts scaling down interest payable under promissory notes to be repugnant to the provisions of S.32 and 79 of the Negotiable Instruments Act and therefore void under Art.254 of the Constitution, and asserted their right to be paid 12 per cent interest as provided in the note. The courts below held the impugned Acts valid and therefore found the amount due to the appellants as stated by the respondent only. Hence this Second Appeal.
(3.)In response to the notice given under O.27A R.1, CPC., the learned Advocate General appeared in the cause and supported the impugned Acts.
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