BOHRA KISHORI LAL Vs. BOHRA MISRI LAL

JUDGEMENT

(1.) On 29th February 1932, Bohra Misri Lal, acting for himself and as guardian of his minor sons, Kishen Gapal, Brij Gopal and Phul Chand, executed a mortgage deed in favour of Bohra Kishori Lal, to secure a loan of Rs. 5000, Interest was to run at 9 annas per cent. per mensem (i. e. 61/2 per cent.) compoundable with yearly rests.

(2.) On 16th July 1940, Kishori Lal sued to recover a sum of Rs. 8,655-6 6 said by him to be due under the mortgage. Misri Lal and his sons were impleaded as defendants and so were Pearey Lal, Naonit Lal and Gajanand, who are subsequent transferees of the property mortgaged.

(3.) The principal defence was a denial of the execution and validity of the mortgage deed. It was also pleaded that the mortgagors were agriculturists, that the plaintiff was a creditor within the meaning of the U. P. Agriculturists' Relief Act, that the plaintiff had not complied with the provisions of Chap. V, Agriculturists' Relief Act and that, consequently, he was not entitled to get costs or interest.