Judgement

MOHAPATRA, J. :- The plaintiffs suit is one for recovery of a sum of Rs.17,785-10-0 on the basis of a simple mortgage transaction, Ex.2, dated 22-6-1934. The mortgage bond, in suit, was executed in the following circumstances.

The plaintiff and two other co-sharers being the joint owners of certain lands and houses in the village of Sapuvapalli in Chatrapur Taluk executed a sale deed on 7-5-1929 in respect of the said properties for a sum of Rs.42,500 to late Paramananda Sahu and others; the vendees having died, the present defendants are their survivors. Out of the said sum of Rs.42,500, the plaintiffs share is Rs.14,168/10/8. The vendees in the said transaction paid Rs.1,166/10/8, and for the balance of unpaid purchase money of Rs.13,000, the alienees, on behalf of the joint family, executed a simple mortgage bond on that very day, that is on 7-5-1929, in favour of the plaintiff in respect of the properties sold in the aforesaid sale deed as well as a new item of property which has been described in Item No.2 of the plaint schedule. The family of vendees sold the said lands to some other persons as they received a heavier sum and executed a second simple mortgage bond, Ex