1975 (3) TMI 147 - HC - Indian Laws

Court dismisses plaintiff-bank's appeal, grants relief under Act 31 of 1958 for second transaction. Interest rates adjusted. No waiver found.

The plaintiff-bank's appeal was dismissed, and the first respondent's cross-appeal was allowed to the extent of granting relief under Act 31 of 1958 for ... - Issues Involved:1. Applicability of the Usurious Loans Act to the first respondent.2. Whether the first respondent waived rights under the Usurious Loans Act by signing confirmation letters.3. Entitlement of the first respondent to relief under Act 31 of 1958.Detailed Analysis:1. Applicability of the Usurious Loans Act:The first respondent contended that as an agriculturist, he was entitled to relief under the Usurious Loans Act, as amended by Madras Act 8 of 1937, and was not bound to pay compound interest or interest at the rate of 12%. The trial court held that the first respondent was an agriculturist under Section 3 of the Usurious Loans Act, which does not favor charging compound interest for loans to agriculturists. The court also found that the first respondent was engaged in agricultural operations, thus qualifying for relief under the Act. The stipulation in Ext. A-1 for payment of interest at 9% per annum with quarterly rests was deemed an agreement to pay compound interest. The court presumed the interest to be excessive under the Usurious Loans Act and found no circumstances to rebut this presumption. Consequently, the court adjusted the interest rate to 9% per annum till 1-10-1965 and 12% per annum thereafter.2. Waiver of Rights Under the Usurious Loans Act:The appellant argued that by signing Exts. A-13 and A-14, the first respondent confirmed the correctness of the amounts and waived any rights under the Usurious Loans Act. However, the court held that no such waiver could be inferred from merely signing the confirmation slips. Even if Exts. A-13 and A-14 amounted to a settlement of accounts, Section 3 of the Usurious Loans Act empowered the court to reopen transactions and relieve the debtor of liability for excessive interest. Thus, the trial court's decision that the first respondent did not waive his rights was upheld.3. Entitlement to Relief Under Act 31 of 1958:The first respondent also sought relief under Act 31 of 1958, contending that he was an agriculturist entitled to such relief. The trial court did not grant relief under this Act, stating that the first respondent, possessing a large extent of agricultural property, should be deemed a person paying agricultural income tax. However, the appellate court found no evidence that the first respondent was paying agricultural income tax during the relevant period. The court noted that the first respondent's agricultural income did not exceed Rs. 5,000 per annum, and thus he was not liable to pay agricultural income tax. Consequently, the first respondent was entitled to relief under Act 31 of 1958 for the second transaction involving a loan amount of Rs. 1,000. The cross-appeal was allowed to this extent, and the parties were directed to bear their respective costs.Conclusion:The appeal by the plaintiff-bank was dismissed, and the cross-appeal by the first respondent was allowed to the extent of granting relief under Act 31 of 1958 for the second transaction. The court affirmed the trial court's decision to adjust the interest rates and found no waiver of rights under the Usurious Loans Act by the first respondent.