J.C.SHAH, K.S.HEGDE
Kidar Nath – Appellant
Versus
Mangat Rai – Respondent
Judgment
SHAH, J.-On July 20, 1896, Ladhia-grandfather of the respondents borrowed Rs. 5,000/- from Ramji Dass and as security for repayment thereof mortgaged with possession certain agricultural lands and a house. The mortgage amount was to carry interest at the rate of 12 annas per cent. permensem, and in default of payment of interest due at the end of the year interest was chargeable at one per cent. per mensem. On May 17, 1897, Ladhia executed in favour of Ramji Dass another mortgage deed on the same properties for Rs. 800/-. Interest under that mortgage was payable at the rate of 2% per mensem. Ladhia executed a third mortgage deed in favour of Ramji Dass on May 21, 1897, for Rs. 600/-. It included the properties in the two earlier mortgages and 1/12th share in other lands and two houses. The properties mortgaged in favour of Ramji Dass were subject to a previous mortgage in favour of one Shugan Chand. Ramji Dass redeemed that mortgage on payment of Rs. 650/-.
2. Lakh Ram son of Ladhia filed a suit for redemption of the three mortgages. On August 21, 1915, a preliminary mortgage decree was passed in the suit by the Subordinate Judge, Hissar, declaring that Rs. 62,293/11/9 were
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