Defendant agreed to pay debt amount with 36% interest - Interest at agreed rate can be granted.

Citation

AIROnline 2022 AP 635

Andhra Pradesh High Court

DR . V. R. K. KRUPA SAGAR , J.

Second Appeal No. - 180 of 2012 D/- 16 - 12 - 2022

P. Chand Basha v. G.Karunakar Reddy

(A)Andhra Pradesh (Andhra Area)

Agriculturists Relief Act (4 of 1938), S.3(ii)(a),

S.3(ii)(b), S.19A - Agriculturist - Defendant

agreed to pay debt amount with 36% interest

p.a. - Defendant made part payments in lieu of

promissory note thereafter failed in repaying

remaining amount - Plea of defendant that

interest is highly excessive and it has to

be scaled down since he is an agriculturist

- Defendant contended that his father had

purchased agricultural land and thereafter

died intestate and since he succeeded to estate

and hence is an agriculturist - No material

was available on record indicating subsisting

legal interest and possession of agricultural

land by defendant - Held, defendant is not an

agriculturist.

 (Paras 19 , 22)