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Head Note

The Code of Civil Procedure, 1908  - Section 34

Empowers the court to award interest - Date of suit to date of decree - From the date of decree to payment date - Not empowers-to award pre suit interest. Pre-suit interest - Entitlement - Appellant a tenant - Suit filed - fixation of fair rent - Fixed at Rs-32,356/- pm - Appellant vacated premises - Notice for difference - Suit filed - Return for rectification - Filed after five years - Court awarded-6% interest-also on pre suit duration - Appeal - High court modified interest - Maintained - Interest on pre suit duration - Appeal to supreme court - Direction given by the High Court to the tenant to pay interest @ 12% per annum on the due rent set aside - Appeal partly allowed.

Topic(s)-Pre-suit interest