HENRY RICHARDS, PIGGOTT
Bharat Indu – Appellant
Versus
Gobardhan Das – Respondent
JUDGMENT
1. This appeal arises out of a suit in which the plaintiffs claimed to redeem a mortgage, dated the 18th of July 1898, and made by Hakim Wilayet Ali in favour of one Maharaj Gobardhan Das, the principal amount borrowed being the sum of Rs. 6,000. There is no dispute between the parties that the plaintiffs are entitled to redeem the mortgage. The contest is that the plaintiffs say that they are entitled to redeem upon payment of the principal sum of Rs. 6,000, whilst on the other hand the defendants say that the amount due upon their mortgage has been duly and finally ascertained by a decree of this Court, dated the 1st of August 1910. This decree ascertains the amount due for principal, interest and costs at the sum of Rs. 20,270-11-0 with future interest at 1 per cent, per mensem. The defendants contend that the plaintiffs cannot redeem without paying this sum. The Court below has decided in favour of the defendants.
2. The fasts are a little complicated, but may nevertheless be shortly stated. The plaintiffs had another mortgage against Hakim Wilayet Ali affecting other property than that now in suit. They sued on foot of this mortgage, obtained a decree, sold the property
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