Judgement

The Respondents represented certain persons who, in 1815, were the mirasi proprietors of eight shares in Rajagiri, which comprised within its limits the village of Manmoda.

The Appellants were the grandsons of one Saminadha Mudaliar who had money transactions with the said mirasi proprietors.

On the 2nd of July, 1815, the mirasidars executed a document in the name of Appavoo, but really for the benefit of Saminadha, which recited that they had borrowed from him 1000 pons in cash, and that they owed him a further sum of 1500 pons for a debt due by them to a third party which the latter had assigned over. For this sum the instrument stated that " we have mortgaged to you, and put you in possession of 25 velies, 7 maws, and 76 7/16 gulies of land in the village of Manmoda" The stipulations for payment were as follows —

"This principal sum of two thousand and five hundred pons we agree to pay, with interest, at one fanam per ten pons per mensem (the following are) the particulars of payments; instalments (are as follows) ; as the said pidagai (hamlet) of Manmoda has been mortgaged to you, and possession given, you shall employ men and carry on cultivation in the said pidagai