Lalta Prasad vs Altaf Ali Khan - 1897 Supreme(All) 39

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1897 Supreme(All) 39

AIKMAN, BANERJI
Lalta Prasad – Appellant
Versus
Altaf Ali Khan – Respondent

JUDGMENT

Banerji and Aikman, JJ. - This appeal has arisen in a suit brought upon a mortgage, dated the 22nd of November 1875. The mortgage deed provided that the mortgagees were to be placed in possession of the mortgaged property in lieu of interest. Instead of entering into possession themselves, the mortgagees granted a lease of the mortgaged property to the mortgagor on the day following that of the mortgage for the same term as the term of the mortgage. The mortgagor having made default in the payment of the rent stipulated in the lease, which was a sum equivalent to the amount of the interest chargeable on the mortgage debt, the present suit was brought to recover the amount alleged to be due upon the mortgage. No objection was raised in the Court below or has been raised in this Court as to the competency of the plaintiffs to maintain the present claim. The only question which has been raised, and which we have to determine, is whether, by reason of the granting of the lease to which we have referred, the relation which subsists between the parties was that of landholder and tenant and the plaintiffs' only remedy for the arrears due upon the lease was a suit in a Court of Rev

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