V.RAMASWAMI, A.N.GROVER, J.C.SHAH
Raghunath – Appellant
Versus
Kedar Nath – Respondent
Judgment
RAMASWAMI, J.: In the suit which is the subject-matter of these appeals the plaintiff alleged that one Dwarka Prasad took a loan of Rs. 1,700 from Madho Ram father of the defendants, and that on 27th July, 1922, Dwarka Prasad along with one Mst. Kunta, his material grandmother, executed a possessor mortgage deed of the disputed house for Rs. 1,700 in favour of Madho Ram. The terms of the mortgage deed were that the mortgagor was to pay interest of Rs. 12-12-0 per month out of which the rent amounting to Rs. 6 which was the agreed usufruct of the house in suit was to be adjusted and the mortgagor was to pay Rs. 6-12-0 per month in cash towards the balance of the interest. The parties agreed that the mortgage would be redeemable within twenty years after paying the principal amount and that portion of interest which was not discharged by the usufruct and other amount. When Dwarka Prasad was unable to pay amount of Rs. 6-12-0 per month, he delivered possession of the house to, Madho Ram who let out the house. on a monthly rent of Rs. 25. The mortgagors Dwarka Prasad and Mst. Kunta died leaving Mst. Radha Bai as Dwarka Prasad s heir. Radha Bai sold the house in dispute to the p
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.