ANANDAJI SAWAJI AND CO Vs. AHMEDBHOY ABEDINBHOY PEERBHOY

JUDGEMENT

(1.) THIS is a motion asking us to direct the Commissioner for Taking Accounts to take an account of the rents and profits of the mortgaged premises realised by the appellants as mortgagees in possession and of the disbursements made by them on the footing of wilful default. The order for taking accounts was made by this Court on October 9, 1939, and it directs merely that in the absence of agreement the matter be referred to the Commissioner to take an account and determine the amount due under the mortgage in suit.

(2.) THE suit was not an ordinary mortgage suit. What happened was that the mortgagees sold the mortgaged property, and after having done so, Government paid into Court under the Land Acquisition Act a sum of Rs. 9,000 odd as damages for denotification of the property, and the question before the Court was whether the mortgagor or mortgagees were entitled to that money. This Court held that the money was subject to the mortgage, but as the mortgagor alleged that there was nothing due on the mortgage, it was necessary to take an account in order to ascertain whether that plea was well-founded.

(3.) THE motion, therefore, must be dismissed with costs.