Viscount Cave :-

This is an appeal from a judgment and decree dated the 24th April, 1917, of the Chief Court of the Punjab, which modified a decree dated the 8th March, 1915, of the Senior Subordinate Judge of Lahore,

The history of the case may be shortly stated as follows :- On the 2nd October, 1907, the first two respondents acting by their agent and attorney, Mirza Jalal-ud-Din, a Barrister-at-law, mortgaged certain property in Mauza Asafpura in the District of Lahore to the appellant, the Wazir of Punch, for Rs. 30,000. It was provided by the mortgage that the loan should bear interest at 10 annas per cent, per mensem, and that an annual instalment of Rs. 6,000 towards the payment of the mortgage money and interest should be paid at the end of each year, commencing from the date of the completion of the mortgage deed. It was also provided that if two instalments should remain unpaid the mortgagee should be entitled to take possession of the land. The advance was made by a series of payments of which the last was made on the 2nd April, 1908. The instalments of principal and interest prescribed by the mortgage deed were not paid, and on the 26th April, 1910, Shankar Das, the agent