Judgement

Appeal from a judgment and decree of the Court of the Judicial Commissioner (November 9, 1916) varying a decree of the Subordinate Judge of Amraoti (May 15, 1915).

The suit was brought in April, 1913, by the respondent against the appellant in the following circumstances.

On March 9, 1893, one Laxmansa Balkishnasa mortgaged to the appellant sixteen fields in five different villages by a document which, after reciting that the mortgagor had received Rs. 6000, mortgaged the property above men tioned for that amount and authorized the mortgagee (appellant) to take possession if the money due was not paid by July 9, 1893, and to apply the income towards payment of (1.) cultivation expenses, (2.) Government rent and other charges, (3.) interest at R. 1 per cent, per mensem, and (4.) the balance, if any, towards the principal ; the document also purported to authorize the mortgagee (appel-lant) to sell the property. On October 4, 1896, the said Laxmansa Balkishnasa executed a sale deed of one of the fields comprised in the mortgage to the respondents. In the year 1899 the appellant, the mortgagee, sued in the District Court, East Berar, to recover the sum due on the mortgage wi