B. P. JEEVAN REDDY, J.

( 1 ) PLAINTIFF is the appellant. He filed a suit for recovery of a sum of Rs. 31,686, being the balance of the principle and interest due on a registered mortgage bond dt. 29-8-1960, executed by the 1st defendant and his wife, in favour of the plaintiff and his father. The Principle amount under the mortgage bond is Rs. 11,000. According to the terms of the mortgage, interest is payable at the rate of 0. 94 paise per cent per mensem, once in six months, and the principle amount has to be discharged in five equal instalments, by 29-8-1965. It was further provided that, in default of payment of any instalment, the amount will carry compound interest at the same rate, with half yearly rests. Suit was filed alleging that the mortgagors-defendants have failed to pay the amount as stipulated.

( 2 ) THE legal representative of the 1st defendant (the 1st defendant died pending the suit) filed a written statement, contending that he is not aware of the suit mortgage bond, and putting the plaintiff to strict proof thereof. He stated that he is not aware of the execution of the suit mortgage bond, and the receipt of consideration thereunder. He submitted further that th

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