GAURI SHANKAR Vs. NATHU LAL

JUDGEMENT

(1.) This is a pltf's. appeal in a suit for recovery of Rs. 15,000/- as damages for breach o a covenant in a mtge. deed.

(2.) The deed was executed by the pltf. on 11-11-1934 in favour of Lala Nathu Lal & Faqir Chand, defts.-resps. 1 & 2 respectively, for Rs. 16,000/-. This amount comprised two items, one of Rs. 1292-8/- paid to the mtgor. in cash & the other of Rs. 14,707-8/- left with the mtgees. for payment to Manna Lal, Jagannath & Madho Prasad prior mtgees, under a deed dated 27-4-1933, executed in their favour by the pltf.-applt.

(3.) The later mtge.-deed in favour of defts. 1 & 2 provided that the pltf. mtgor. was to receive Rs. 47 p. m. from those defts. It is agreed that the pltf. in all received Rs. 2115 on this account. The clause relating to the payment of the amount left with the defts. mtgees. to the prior mtgees. was worded thus: "Rs. 14,707-8/- mtge. money relating to the mtge.-deed in favour of Lala Manna Lal, Jagannath & Madho Prasad mtgees. are left with the mtgees. for the purpose of satisfaction of principal & interest & relates to the mortgaged property. I the executant, after getting the same paid, or deposited in Ct. in my presence by the mtgees. shall cause the said mtge.-deed to be returned after getting the amount satisfied pie to pie along with the papers concerned. Prom the date of registration liability for interest until the satisfaction of the amount of the mtge.-deed aforesaid shall be upon the mtgees."