JUDGMENT

1. The only question in issue in this appeal is whether the plaintiffs are entitled to post diem interest. This was decreed by the Court of first instance but refused by the learned District Judge on appeal. The deed in suit is a mortgage by conditional sale, dated the 18th of August 1884. It commences with the recital that the mortgagor has received from the mortgagees a loan of Rs. 800, and with a general covenant to pay interest at 3 annas in the rupee per annum on the said loan. Then comes the further covenant that, as a consideration for this loan, the mortgagor undertakes to re-pay principal and interest on April the 29th, 1885, and mortgages by conditional sale certain specified property, the condition being that in the event of the mortgagor's failure to pay on due date, the deed shall take effect as a sale out and out from the above mentioned date of April 29th, 1885. The case has been fully argued before us and we have been referred to a number of rulings commencing with the decision of their Lordships of the Privy Council in Mathura Das v. Raja Narindur Bahadur 23 I.A. 138 : 1 C.W.N. 52 which is the foundation of the modern case-law on the subject. The general pr