Judgement

82 Law. Rep. 54 Ind. App. 68 ( 1926- 1927) Panaganti Ramarayanimgar V. Maharaja of Venkatagiri

183

Appeal (No. 154 of 1924) from a decree of the High Court (April 19, 1920) varying a decree of the Subordinate Judge of North Arcot (March 21, 1917).

The suit was brought by the late Maharaja of Venkatagiri, now represented by the first respondent, for redemption of a mortgage with possession dated March 13, 1909; the mortgagors interest had been purchased by the plaintiff on October 22, 1915, and the mortgage had been assigned to the defendant-appellant on September 9, 1913.

The plaintiff by his plaint prayed (a) that an account might be taken of the amount due to the defendants on the securities; (b) on payment delivery of the documents and of possession of the properties free from any encumbrances.

The Subordinate Judge made a decree for redemption on payment of Rs. 2,47,884 with interest. On appeal to the High Court (Wallis C.J. and Seshagiri Ayyar J.) the decree was modified by adding a further Rs.29,711. The question in the present appeal was whether certain other sums should not be brought into the mortgage account, and whether sufficient interest had been allowed. Amo