LexRAMNANDAN PRASAD NARAYAN SINGH versus MAHANTH KAPILDEO RAM JEE AND ANOTHER
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
1951
Jan.12
I
138
SUPREME COURT REPORTS
[1951]
RAMNANDAN PRASAD NARAYAN SINGH
"·
MAHANTH KAPILDEO RAM JEE AND
ANOTHER
(and 3 other appeals)
[SHiil H.un.u. KANIA C.J., PATANJALI SASTIU
and CHANDRASJ!XHARA AIYAR JJ.]
Bihar Money.lenders (Regulation of Transactions) Aa (Vil of
1939), s. 7-Ereculion of fresh document for amount remaining due
on loan under eariler document-Suit on later
document-Interest
before date of suit-Mazimum amount that could be decreed-
W hether to be calct1!ated on basis of earlier or later doctm1ent-
"A1"ount of loan
mentioned in, or evidenced by, such document''
meaning of.
Where a fresh document is executed for the amount remain-
ing due on account of principal and interest under a loan advanced
on a prior document, aud a suit is brought for recovery of the
amount due under the 1atcr document with interest due there-
under, "the amount of loan mentioned in, or evidenced by,
such
document" for the purpmcs of s. 7 of the Bihar Money-Lenders
(Regulation of Transactions) Act, 1939, is the amount mentioned
or evidenced by the later document and not that mentioned in
the original document which was renewed and the court can pass
a decree for an amount of interest for the period prc..:::::ding the
institution of the suit, \vhich together with any amount realise as
interest after the date of the later document, is not greater than
the amount of loan mentioned in the later document.
The maxi-
mum amount that can be: so dccrccd is not the amount \vhich
together with the interest realised from the date of the original
loan docs not exceed the original loan.
Singheswar Singh and Others v. Nadni Prasad Singh and Others
(A.I.R. 1940 Pat. 65). UJl Singh v. Ramnarain Ram and
Others
(A.LR. 1942 Pat. 138), Madho Prasad Singh v. Mu/cutdheri Singh
and Others {193 I. C. 661), Deo Nandan Prasad v. Ram Prasad
(I.L.R. 23 Pat. 618), Ram Nandan Prasad Narain Singh v. K11lpati
Shri Mahanth Goswami Madhwanand Ramp ((1940] F.C.R.
1).
Surendra Prasad Narain Singh v. Sri Gajadhar Prasad
Saht1
Trust Estate and Others ( [ 1940) F.C.R. 39) referred to •
.APPELLATE
JU!USDICTION : Civil
Appeals
Nos. 98,
99, 100 and 101 of 1950.
•
_,
S.C.R.
SUPREME COURT REPORTS
139
Appeals from the orders of the High Court of Judi-
cature at Patna
(Manohar Lall and Imam JJ.)
in
Miscellaneous Appeals Nos. 108 to 111 of 1948.
Shambhu
Barmeswar
Prasad
and
Ramanugrah
Prasad for the appellants.
H. /. Umrigar for the respondents.
1951. January 12.
The Judgment of the
Court was
delivered by
CHANDRASEKHARA AIYAR J.-The decision
of
these
four appeals, which are connected with each other and
which have arisen out of orders made by the High
Court of Patna in four Miscellaneous Appeals, depends
on the interpretation of section 7 of the Bihar Money-
lenders (Regulation of Transactions) Act, 1939.
The facts which have led to the appeals are found
briefly stated in the
petition
filed
by the Present
appellants in the 3td Court of Sub-Judge, Patna, and
may be re-stated here for convenient reference :-
"The father of the petitioners borrowed Rs. 40,000
from the guru (ancestor) of the decree-holder under
mortgage bond, dated 11-1-1893.
Out of Rs. 40,370-7-6 interest and compound interest
up to 4-1-1910,
Rs. 32,370-7-6 was paid in cash and
for the balance
Rs. 8,000 interest
and
Rs. 40,000
principal, i.e., for Rs. 48,000 a Mortgage Suit No. 14
of 1910 was filed in 1st Court of the Sub-Judge, Patna,
and in lieu of the claim and cost of the said suit two
fresh mortagage bonds were executed on 11-7-1910, viz.,
one for Rs. 40,000 and the other for Rs. 9,488 and the
lattei: bond was satisfied by payment of Rs. 15,835 in
cash.
With respect to the above bond
of
Rs. 40,000 dated
11-7-1910 the
petitioners paid
Rs. 38,530-13-6.
Mort-
gage Suit No. 110 of 1927 was brought in the 3rd
Court> of the
Sub-Judge,
Patna,
and
a
decree
for
Rs. 58,012-2-0 was passed on 9-7-1929.
Out of this
Rs. 5,000 was paid in cash and for the balance of
Rs. 53,012-12-0 one mortgage
bond
dated 6-10-1931
was executed for Rs. 42,000 and on the same date two
2-1 S. C. Tndia/68
1951
R4mnaadan
Prasad NarayaR
Singh
v.
Malumtft
Kapild<o Ram
]It and Anothlf.
Chandrasekhar11
Aiya1J.
1951
Ramnandan
Prasad Narayan
Singh
v.
Mahantil
Kapil.Uo Ram
Jet and Another.
--
Chantltase~hara
A(rar J.
140
SUPREME COURT REPORTS
[ 1951]
hand-notes were executed, viz., rme for Rs. 5,0Excerpt shown. Read the full judgment & AI analysis in Lexace.