W.AYLING, NAPIER
S. Nathamuni Pillai – Appellant
Versus
Vengammal – Respondent
Napier, J.
1. In my opinion, the view taken by the Muusif and upheld by the District Judge that the right of redemption can only be exercised on payment of the whole of the mortgage amount is correct. The mortgage-bond, Exhibit A, is perfectly easy to understand. A sum of Rs. 3,000 was borrowed. The property was obviously not of sufficient value to discharge the interest which the mortgagee required from the usufruct and so the usufruct was to be applied to the payment of only half the interest. With respect to the interest on the balance of Rs. 1,500, the mortgage is treated as a hypothecation bond and the interest is calculated at one per cent, a month. Then the final provision is that both sums are to be paid in one lump on the same day, 10 years afterwards, and the bond is entitled "usufructuary hypothecation bond."
2. Mr. Ramachandra Aiyar has sought to make two mortgages out of this transaction and suggests that the fact that these two mortgages are contained in one document does not make any difference. In my opinion it is, as it purports to be, one mortgage with provisions in it which are rendered necessary by the fact that the whole of the interest chargeable cannot
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.