Judgement

Consolidated Cross-appeals, by special leave, from a decree of the High Court (April 9, 1930) affirming a decree of the Subordinate Judge of Bhagalpur (June 20, 1927).

The suit was brought by mortgagees claiming to enforce their mortgage by sale of the mortgaged lands, situated in the Sonthal Parganas, the amount alleged to be owing being Rs.723, 538-10-8 for principal and interest up to the date of the institution of the suit, to which they prayed should be added future interest at the mortgage rate till the date of realization.

The Subordinate Judge, acting in accordance with the provisions of s. 6 of the Sonthal Parganas Settlement Regulation, 1872, refused to allow interest beyond a sum equal to the principal, after deducting therefrom payments made by the mortgagor from time to time. He made a preliminary mortgage decree for sale, finding the amount due to be Rs.402, 595-6-9 with Rs. 10,067-6-3 costs, making a total of Rs.412, 662-13-0. In default of payment within six months the property was to be sold. He refused to allow any interest pendente lite, but he allowed interest at the rate of 6 per cent. per annum on the decretal amount after the expiration of the six m