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1954 Supreme(Ori) 70

R.L.NARASIMHAM, MOHAPATRA
BANAMALI MAHAPATRA – Appellant
Versus
CHIRAVURI NARAYAN RAJU – Respondent


Advocates Appeared:
P. Misra, for the Appellant; G.K. Misra, for the Respondent

JUDGMENT :

Narasimham, J. - This appeal is by Defendants 2 to 7 against the concurrent decisions of the two lower Courts decreeing the Plaintiff's suit for accounts u/s 76(h) of the Transfer of Property Act and for recovery of possession of some lands I which were originally mortgaged by the predecessor-in-interest of the Plaintiff in favour of the predecessor-in-interest of Defendants 2 to 7. The mortgage bond in question (Ext. 1) was executed on 10-5-1906 for a consideration of Rs. 600/-. It was stipulated that interest was payable at Rs. 1/7/- per cent per month compound interest. The gross annual usufruct from the mortgaged property was estimated at about Rs. 96/- and it was stipulated hat out of this sum the mortgagee should pay rent and Cist due be the Government and appropriate the balance towards satisfaction of a substantial portion of the interest. The balance of the interest was to be added every year to the principal and compound interest calculated on the same. On 11-6-1909 and 11-2-1910 two other mortgages (Exts. A and B) were also executed between the parties in respect of the same property: The Plaintiff contended that these two were simple mortgages and that they ha











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