Plea to reduce rate of interest in ep (compromise decree )
Vijaishankar M
(Querist) 03 September 2017
This query is : Resolved
Suit for Specific performance ended in compromise. Terms of Compromise decree dated:27.10.2009 is defendant has to settle RS.9 lakhs within 6 months or along with 12 % interest till date of realization. Meanwhile defendant died in 2010. Plaintiff filed EP. I am impleaded as class 2 legal heir of died JD. Aft death of defend, Property also trespassed by 3rd person and separate cases for injunction and declaration filedb y me also pending.
I have already deposited RS.5 lakhs in Court. I calculated the decree with interest . It comes around Rs.17 lakhs Sir. After Lessing the paid RS.5 laks, Still 12 laks to be paid. My question is
1. As the property also trespassed by 3rd persons in 2012 and I am disposed ,I am unable to generate any income from property till now . If I tel this, Wil the EP Court consider and reduce the interest at least?
2. As compromise decree cannot be altered, at least will the Court consider my situation and waive the interest rate?
3. Pls brothers also help me with citation in this regard. Thanking in advance.
R.K Nanda
(Expert) 07 September 2017
you can file application u/s 151 of cpc in concerned court to get interest rate reduced.