JUDGMENT :- This is a first appeal against the judgment of the learned District Judge of Manipur in a mortgage suit. The facts of the case lie within a short compass and the whole controversy so far as this appeal is concerned centres round the short point as to whether or not the appellants mortgage dues had been paid up before the institution of this suit on 28-7-1949 by means of the writing Ex. D/A.

2. The important facts of the case are uncontroverted and it has not been challenged that Chongthara Iboyaima Singh of Khwai Wahengbam Leikai, defendant borrowed Rs. 4000/- from Soraisem Kamini Singh of Segalambi, Takhellambam Leikai, plaintiff on 28-1-1949 at 3 per cent. per mensem, vide Ex. P/A and a double-storied (shop) building situated in No. 145/36 Imphal Town Fund, was mortgaged in this deed. The plaintiff alleged that nothing had been paid towards the principal or interest and so the suit which has given rise to this appeal, was instituted on 25-1-1951 for recovery of Rs. 5678-as. 10-ps. 8 along with costs and pendente lite and future interest, etc.

3. The defence was that Rs. 2000/- had been paid within 5 months of the execution of the mortgage deed in question and Rs. 2120/-

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