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1936 Supreme(All) 182

Misri Lal – Appellant
Versus
Alexander Gardner – Respondent


JUDGMENT

1. These appeals arise out of a suit brought by the plaintiff Lala Misri Lal on foot of two mortgage deeds, one dated 14th January 1920 for Rs. 1,000 carrying interest at the rate of 2 per cent per mensem compoundable every six. months, and the other dated 5th July 1921 for Rs. 1,800 carrying interest at the same rate. The sum due under the first mortgage on the date of the suit (14th January 1932) was Rs. 11,550 and that due under the second deed on the aforesaid date was Rs. 19,500. Both deeds were executed by one Mr. Alexander Gardner, who appears to have owned considerable zamindari property in the district of Etah, in favour of the plaintiff Misri Lal and his brother Ulfat Rai since deceased. Shares in no less than 10 villages were hypothecated under the aforesaid mortgage deeds. The mortgaged property has since passed to subsequent transferees by private alienations or in execution of decrees against the original mortgagor. About 30 defendants were impleaded, some of whom contested the plaintiff's claim. The only defences which it is necessary to take notice of for the purposes of this appeal are two: (1) that the mortgage money due under the deeds in suit was satisfi

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