Venkatarama Ayyar, J.-

This is an appeal by the defendant against the judgment of Basheer Ahmed Sayeed, J., in C.C.C.A. No. 81 of 1950. The suit properties, belonged to one Subramania Mudaliar. On 11th September, 1924, he executed a mortgage in favour of the appellant for a sum of Rs. 10,000. The properties comprised in the mortgage are two shrotriem villages called Palayanoor and Kolambakkam, and also certain house properties within the City of Madras. The mortgage-bond provides that interest should be paid at 10 per cent. per annum and that in case of default it should be paid at the rate of 12 per cent. per annum compounded annually. On 21st October, 1931, Subramania Mudaliar executed a lease-deed in favour of the plaintiff with reference to the shrotriem villages and also certain lands. The net income from them was fixed at Rs. 5,950. The appellant was to make several payments out of it, including a peishcush of Rs. 2,500 to the Government and a sum of Rs. 2,900 thereof was to be credited towards the mortgage-bond. On 17th July, 1943, accounts were settled between the parties, and it was found that a sum of Rs. 3,062-10-0 was due to the plaintiff towards the balance of principal

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