Judgement

Consolidated Appeal (No. 71 of 1927) from two decrees of the High Court (February 12, 1924) varying a decree of the First Class Subordinate Judge of Satara (July 21, 1919).

The appellants instituted a suit on August 6, 1910, against the respondents in the Satara Court to enforce six mortgages executed between 1840 and 1844 by the respondents predecessor in favour of the appellants predecessor. Some of the properties mortgaged were in the Bombay Presidency, some were not within British India, being in the Kolhapur State. The mortgages were all substantially in the same form. They provided for interest at a fixed rate, that the mortgagee should have the right to collect the rents and manage the properties, and provided for an annual account being taken to ascertain the amount remaining due under the mortgages. No date for repayment was provided. It was found that the mortgages had been treated as being consolidated. Since 1859 or 1860 the mortgagees had not exercised their right to collect the rents from the properties in British India.

The High Court (Macleod C.J. and Shah J.), varying the judgment of the trial judge, held that the plaintiffs were entitled under Bom. Reg.