Judgement

Consolidated Appeals (No. 136 of 1924) from a decree of the High Court (April 12, 1922) varying a decree of the Subordinate Judge of Bhagalpur (June 17, 1918).

The suit was brought by the above named appellants to enforce a mortgage, dated December 21, 1896, to secure Rs.3,50,000 of which Rs.l,36,142 were advanced in cash, the balance being the amount due under a previous bond. The greater part of the mortgaged properties was situate in the Sonthal Parganas, where the mortgagors resided, the remainder in the district of Bhagalpur ; the mortgage was registered in Bhagalpur.

The appeal raised questions as to the jurisdiction of the Subordinate Judge at Bhagalpur having regard to the Sonthal Parganas Settlement (Amendment) Regulation, 1908, and (if there were jurisdiction) as to the effect of s. 6 of the Sonthal Parganas Settlement Regulation, 1872, upon the amount of interest recoverable.

The facts and the relevant provisions of the Legislature appear from the judgment of the Judicial Committee.

The Subordinate Judge made a preliminary decree for sale for Rs.15,27,997, and a personal decree for Rs.44,164 on account of principal and interest.

Both parties appealed to the Hig