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1944 Supreme(Mad) 67

PATANJALI SASTRI
Akella Jagannadham S/o Venkanna – Appellant
Versus
Venuthurupalli Narasimham – Respondent


JUDGMENT

Patanjali Sastri, J.

1. This appeal has been preferred by defendants 1 to 13 who represent the mortgagees under a usufructuary mortgage executed on 11th November 1893. The mortgagors now represented by respondents l to 3 brought the suit for redemption of the mortgage. The mortgage was for a sum of Rs. 625 and the document provided that the sum should carry interest at the rate of Re. 0-10-8 per cent. per month. At this rate which is equivalent to 8 per cent. per annum the annual interest on the mortgage money amounted to Rs. 60. The document recites that a fixed rent of Rs. 50 per year was settled in respect of the lands some of which had been cultivated and were in the occupation of tenants, the others being waste lands and then proceeds as follows:

Therefore, towards the interest due on the aforesaid sum principal you shall enjoy the said lands for a period of 60 years, that is, from the current year Vijaya (1893) to the end of the recurring Vijaya year, viz, 1953, by way of leasing out the said lands etc., and enjoying as you like the usufruct therein. After the expiry of the stipulated period, that is, after the end of 60 years, on our paying to you at the commencement o







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