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1958 Supreme(MP) 185

V.R.SEN, T.P.NAIK
Mahadeo Krishnarao – Appellant
Versus
Shrikisan Gopalji – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.R. Choubey
For Respondents/Defendant: R.S. Dabir

JUDGMENT

V.R. Sen, J.

This is a first appeal by the Defendants against the judgment and decree of the Court of Civil Judge, Class I, Betul. The facts which are not in dispute are these: The Defendants borrowed Rs. 4,500 from the Plaintiff on 1-5-1943. They agreed to repay the debt at Re. 0-12-0 per cent per mensem compound interest on the 15th May 1945. As a security for the debt the Defendants executed a mortgage-deed (Exh. P-3) on the same day in favour of the Plaintiff. It is not necessary to describe the property which was mortgaged for the purposes of this appeal. The mortgage-deed provided that in the event of default in payment the property was to be foreclosed.

2 The Defendants paid Rs. 3,000. The details of payment are shown below:

Rs. 405 on 19-6-1944

Rs. 405 on 27-6-1945

Rs. 1,200 on 12-5-1949

Rs. 990 on 19-6-1950

These payments were towards interest according to the Plaintiff. The Defendants have also made an endorsement on the mortgage-deed that these payments were towards interest.

The case of the Plaintiff is that no payment was made towards the principal of the debt and that the total amount due from the Defendants till the date of the suit was Rs. 5,870-5-0.

The Defendants a























































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