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1951 Supreme(Bom) 79

SHAH
Sajanlal Jhaverilal and Co. – Appellant
Versus
Gulabchand Keshrichand – Respondent


Advocates:
G.N. Joshi with K.K. Desai, for Plaintiffs; M.V. Desai with R.M. Kantavala, for Defendants.

Judgement

SHAH, J. :-The plaintiffs have filed this suit to enforce a mortgage in their favour created by defendants Nos.1 and 2, and the husband of defendant No.3 as members of a joint and undivided Hindu family. The mortgage was an equitable mortgage effected on July 19, 1947, and was for a sum of Rs.42,000. The mortgagors agreed to pay interest at the rate of one per cent, per mensem by equal monthly instalments. After the mortgage was effected by the mortgagors, Panachand Keshrichand, the husband of defendant No.3, died on March 28, 1943. Defendant No.3 is his heir and legal representative. On July 28, 1948, the attorneys of the plaintiffs called upon the defendants to repay Rs.42,000 with interest at the rate stipulated. The defendants, however, failed to pay the amount demanded. The plaintiffs thereafter filed the present suit seeking to recover Rs.42,000 as principal, and Rs.14,640 as interest due up to October 18, 1950, with further interest on the amount of Rs.42,000 at the rate of 1 per cent, per mensem from October 19, 1950.

2. The defendants have appeared in this Court to defend the suit. They have not denied execution of the mortgage nor the covenants thereof. The only p























































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