LAKSHMI LAL Vs. JOSHI GIRDHARJI

JUDGEMENT

(1.) This is a defendant's appeal, and the plaintiffs have filed a cross-objection.

(2.) On 30th April 1935, a mortgage was executed by the defendants in favour of Joshi Damodar Ji, the ancestor of the plaintiffs. The mortgage was for a lac of rupees and the amount was payable with interest at 10 annas per cent. per mensem according to the Hindi calendar. A sum of Rs. 15,690 was paid towards interest and the suit was filed for recovery of Rs. 1,30,080/13/4.

(3.) The defence was that the defendants were agriculturists and the plaintiffs were creditors and the defendants were, therefore, entitled to the benefits given under the Agriculturists' Relief Act. It was further pleaded that the plaintiffs had not maintained proper accounts as required, nor had they sent the accounts to the defendants and the plaintiffs were, therefore, not entitled to claim interest and costs. The plaintiffs filed a replication in which it was denied that the defendants were agriculturists or were entitled to the benefits of the Agriculturists' Relief Act.