INTURI VENKATA SUBBAIAH Vs. INTURI VENKATRAYUDU
HIGH COURT OF ANDHRA PRADESH
INTURI VENKATA SUBBAIAH
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(1.) This case belongs to the now disappearing category of litigation
under the Madras Agriculturists Relief Act (hereinafter referred to at
the 'Act'). The amount actually in dispute and involved in the
secoad appeal is also very small and in fact negligible, None-the-less
the second appeal raises some point of interest as to the scope of the
application of Section 13 of the Act.
(2.) This second appeal brought by the defendant arises out of a
suit of the respondent for recovery of Rs 3783-51, which is the
amount due on a promissory note dated 9-5-1962. The promissory
note was executed on that day for Rs. 5200/- payable with interest
at 9% per annum An open payment of Rs. 1545 / was made OB it
on 1-3-1965. The promissory note was renewed on 9-5-1965
A further payment of Rs 1500/-was made on 22nd March 1967.
(3.) While filing the suit,the plaintiff claimed interest only at the statutory
rate of 5% per annum as prescribed by Section 13 of the Act.
What he has however done is that he has appropriated, at the time of
filing the suit, the payments made first towards the interest accrued on
the debt till the respective dates of payments and then the balances
of the two payments towards principal. That is, how he arrived at
the figure of Rs. 3783-51 as still due to him on the date of the suit.;
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