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The High Court of Bombay
Before Hon. Justice West and Hon. Justice Pinhi
J. Carvallo ………………………………….. (Original Plaintiff) Appellant
- versus
Noorbibee and others ………………….(Original Defendants) Respondents
Civil Law of Easement (of 1859 Act 8, Section 194) Pledge/Pawn – Interest – Plaintiff’s court cost.
Facts of the Case: A&B pledged their home with C for Rupees 250. Later on they assigned and conveyed the same house to D for Rupees 551. D was not aware that A&B had pledged the house and agreed to pay interest on amount borrowed @ 24% per annum. C sued A&B for the interest and principal. C demanded in the law suit that the house be auctioned so that he can get paid. The lower court decided in favor of C but did not award him the interest. In an appeal filed at the District Court, the judgment of lower court not awarding the interest was overruled and the Court awarded interest to C @ 6% per annum. An appeal was filed at the High Court against this decision.
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Editor's notes