JUDGMENT

1. This is a defendant's appeal arising out of a suit for redemption. On the 10th of January 1896, a mortgage-deed was executed by Ram Hit Gir in favour of Raja Ram and Sita Ram for a sum of Rs. 6,000 at Rs. 9 per cent, per annum interest, of properties in Paraxon and Chhachharia. One of the conditions in the mortgage-deed was that interest would be paid every year, and in case of default the mortgagees would be put in possession. A further covenant was to the following effect:

If the amount of interest be not paid in any year and the mortgagees enter into possession and occupation (of the property), the amount of interest for the period prior to obtaining possession shall carry interest at the aforesaid rate after yearly adjustment (of account).

2. It is an admitted fact that interest was not paid regularly for sometime, and also that the mortgagees did not obtain possession till 1898. On the 15th February, 1898, the mortgagees admittedly obtained possession of one village Parakon only, and on the same date, a second mortgage-deed was executed for a sum of Rs. 1,400 in which Rs. 800 out of Rs. 1,131 due as interest on the Rs. 6,000 was also included. In this document it was