KAMPA WATI DEVI Vs. BASANT RAI

JUDGEMENT

(1.) These two appeals (Regular First Appeals Nos 112-D and 121 Dot 1960) on behalf of the defendant are directed against the preliminary and final decrees made in the suit brought by the plaintiff mortgages for the relisation of the mortgage debt and sale of the mortgaged property.

(2.) The mortgage of the property in question consisting of single storeyed five shops and rooms together with some building under construction was effected by means of a registered document (Exhibit P. 1) dated 5th February, 1951 executed by Smt. Kampla Vati Devi, defendant-appellant in favour of Lala Basant Rai son of Shri Sardari Lal and Shri Padam Chand son of L. Kidar Nath, the document having been registered on the same day. This deed was witnessed by L. Jogi Dass husband of Smt. Kampla Vati Devi and also by L. Suraj Bhan, lather of the mortgagor. At the time of registration of the mortgage deed also, L. Jogi Dass and L. Suraj Bhan were present, and indated they identified her before the Sub-Registrar, Shri S. N. Pandit. These two gentlemen were identified by one Hari Singh, son of Sbri Sardara Singh, who was personally known to the Sub Registrar. According to the endorsement made on the mortgage-deed, the mortgagor, Smt. Kampla Vati Devi, bad admitted the execution of the document after hearing and understanding its contents. The entire mortgage money of Rs. 15.000.00 was paid in the presence of the Sab Registrar in the following manner.

(3.) Currency notes worth Rs 8,000/ , out of which Rs 5.000/ were paid by Shri Padam Chand and Rs. 3.000.00 by Sbri Basant Rai and a cheque for Rs. 7,000/ issued by Gian Chand, partner of the firm. Tannu Lal Sardari Mal in favour of Basant Rai was endorsed in favour of the mortgagor. According to the terms of this document, the mortgage was initially intended to be for a period of two years and Shri Basant Rai was stated to have paid a sum of Rs. 10.000.00 and Shri Padam Chand Rs. 5.000.00. Interest was payable at the rate of Re. 1.00 per cent per month and in the event of failure to pay interest for three months, it was to be payable at the rate of Rs. 1/4.00 per cent par month. Principal and interest were payable by the mortgagor to Shri Basant Rai and Padam Chand according to their contributions which was 10.000.00 payable by Basant Rai and Rs. 5,000.00 by Padam Chand