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1940 Supreme(Mad) 317

PATANJALI SASTRI
Abdul Khadir – Appellant
Versus
V. Subramanya Pattar – Respondent


JUDGMENT

Patanjali Sastri, J.

1. This is a petition to revise an Order of the Subordinate Judge of South Kanara dismissing an application by the petitioners (judgment-debtors) to scale down the decree for Rs. 34,291-10-9 in O.S. No 70 of 1932 on of the lower Court. The suit was brought by the respondent on foot of a mortgage bond (Ex. B) dated 5th June 1925 whereby the judgment-debtors purported to mortgage the properties usufructuarily to the respondents assignor for Rs. 21,000 out of which only Rs. 20,300 was advanced and a marupat (Ex. C) of the same date under which the mortgaged properties were leased back to them at an annual purappad of 10,150 seers of paddy. The mortgage contained only a covenant to repay the principal but no, stipulation for payment of any interest as the profits were to be enjoyed in lieu of interest. It is common ground that the usufructuary mortgage and the lease back were parts of the same transaction and the respondent himself in suing for the amount due under both these instruments described the amount due under Ex. C as interest payable on the amount advanced under Ex. B. The decree was in the form of an ordinary mortgage decree providing for the paym














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