extinguished-
Under provisions of Order XXXIV of-Application of rule of
Damdupat to mortgages-When.
HEADNOTE:
A suit for redemption of two mortgages was filed ... including interest calculated by application of the rule of
Damdupat, and a preliminary decree for redemption was passed
under Order XXXIV, rule
Public Trusts--Trustee--Liability to pay interest on
trust funds--Rule of damdupat--Applicability.
HEADNOTE:
The respondents who were interested in a public temple filed ... that of the principal on the basis of the rule of
damdupat. The respondents appealed to the High Court and
urged that the rule
will depend on another question. That question is whether the principle of damdupat as enacted in Section 30 of the Punjab Relief of Indebtedness ... creditor."
(4) This section codifies the ancient doctrine of damdupat as known to Hindu Law. This Act was enacted with object of protecting borrowers
only Rs. 200, and have disallowed the rest under the rule of Damdupat." This finding of the Registrar was excepted to, and the case ... learned Judge agreed with the Registrar in thinking that the rule of Damdupat, by which the amount of interest recoverable at one time cannot exceed
principle amount.
11. Mr. Tarlok Chauhan by invoking equitable principle based on Damdupat had argued that the interest component could not increase double the amount ... Nagpur 210, the Division Bench has held that the rule of Damdupat is one of equity and of good sense. Their Lordships have held
principal amount and the claim is hit by the Rule of "Damdupat". Consequently the application filed by the petitioner has been dismissed without ... Venkata Rao, learned Counsel for the petitioner submits that the Rule of Damdupat has no application whatsoever to any of the transactions in the State
occasion for the Trial Court to apply the
principles of rule of Damdupat under Hindu Law and
reducing the suit claim and also awarding interest ... learned counsel for the
6
appellant that the Rule of Damdupat is not applicable and
the court has no jurisdiction to reduce the amount
could have been no question of the applicability of the rule of damdupat.
7. A question having arisen as to the validity of an alleged ... said at that time as regards the applicability of the rule of damdupat to the claim.
11. When, however, the order came to be drawn
defendant for an order that, having regard to the law of damdupat, the plaintiff is not entitled to realize and receive more on account ... this period the rule of damdupat was not applicable, the interest found due being less than the principal sum. No exceptions were taken
alongwith interest thereon?
6. Whether the amount is hit by rule of
Damdupat?
Contd...........
-4-
7. Whether the plaintiff is entitled to interest ... interest and therefore the
present suit is hit by the rule of Damdupat. Plaintiff has stated that Damdupat
applies to commercial transaction only
