AIR 1942 MADRAS 429

Madras High Court

Hon'ble Judge(s): Venkataramana Rao, Abdur Rahman , JJ

(A) Contract Act (9 of 1872) , S.73— Interest. Interest cannot be awarded under S. 73 to a party who is not entitled to it under any provision of law : ('38) 25 AIR 1938 P.C. 67, Foll.(Para 431C1) (B) Interest - Prior to suit, when payable explained. Interest could be awarded only if it is payable by custom or if there was an agreement either express or implied to pay interest or under the provision of any substantive law entitling the plaintiff to recover the same : ('38) 25 AIR 1938 P.C. 67, Foll.(Para 431C2) (C) Interest Act (32 of 1839) , S.1— Date of payment - Court can find it out from construction of document. Construction of a document is one of the well-recognised methods from which the intention of the parties is to be gathered. Where the Court is asked to find a date from a document, on which a certain act had to be done by one of the parties, it is not only permissible bat incumbent upon the Court to ascertain it not only from what the parties have stated expressly but also from what they may be deemed to have said impliedly though unambiguously. It may be that a document may contain n....