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1951 Supreme(Bom) 97

CHAGLA, GAJENDRAGADKAR
Manikchand Bharmappa – Appellant
Versus
Rachappa Virsangappa – Respondent


Advocates:
S.R. Parulekar and D.M. Honavar, for Appellants; G.R. Madbhavi and H.B. Datar, for Respondents (Nos. 1 and 3).

Judgement

Chagla, C.J. :- This is an appeal from a judgment of the Civil Judge, Senior Division Belgaum, by which he decreed the plaintiffs suit on two mortgages to a certain extent and it is the plaintiffs who have come in appeal before us contending that they were entitled to the full claim comprised in their suit.

2. One Veerappa and Gurshiddappa mortgaged to plaintiffs father on 7-2-1917, a shop to secure a debt for Rs. 4,500. The period of the mortgage was fixed at five years and there was a provision for sale of the property in the event of the mortgage amount not being paid within the stipulated period. It was further provided in this mortgage that the mortgagee was to be in possession of the shop, that he was to recover the rent of Rs. 300 of the shop and appropriate it towards the interest fixed on the mortgage. The interest was fixed at 9 per cent. Therefore, in this mortgage there was provision with regard to the payment of interest to the extent of of Rs. 300. That left a balance of Rs. 105 payable by the mortgagor under the mortgage.

On 23-1-1925, another document was executed by the two mortgagors in favour of the plaintiffs father, and by that document the two mortgagor





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