Section 34 of the Code of Civil Procedure, 1908 (CPC)empowers the court to award interest for the period from the date of the suit to the date of the decree and from the date of the decree to the date of payment where the decree is for payment of money. Section 34 of the CPC does not empower the court to award pre-suit interest. The pre-suit interest would ordinarily depend on the contract (express or implied) between the parties or some statutory provisions or the mercantile usage. Be that as it may, we do not find that on equitable considerations the landlady is entitled to interest for the period January 20, 2000 to July 20, 2005.
SUPREME COURT OF INDIA
Secretary/General Manager Chennai Central Co-operative Bank Ltd. & ANR. Vs S. Kamalaveni Sundaram
Dated:JANUARY 4, 2011
R.M. Lodha, J.
