SHIB CHANDRA Vs. LACHMI NARAIN

JUDGEMENT

(1.) THESE are two consolidated appeals against two decrees dated December 11, 1923, of the High Court of Judicature at Allahabad, setting aside two decrees dated January 18, 1921, of the Court of the Subordinate Judge Moradabad.

(2.) THE two suits in which the decrees of the High Court were passed were brought by the plaintiffs-respondents separately against the appellants to redeem two items of properties covered by a mortgage dated March 23, 1905, namely, 13 Biswas of the village Sadat Bari and the whole village Rudain, respectively, and the question for determination now is whether the deposit made by the plaintiffs under Section 83 of the Transfer of Property Act on June 29, 1912, was sufficient.

(3.) ON February 23, 1912, the Subordinate Judge decided that the sum actually advanced was Rs. 30,984, and that, therefore, the amount of annual interest or lease money was Rs. 2,058-3-6 and not Rs. 2,325, as stated in the mortgage deed and the lease. He accordingly passed a decree for Rs. 10,720-10-4 and interest thereon at the rate of six per cent, per annum until realization with costs amounting to Rs. 1770-2-8. He also gave the mortgagees a decree for sale under Order XXXIV, Rule 4, of the Code of Civil Procedure, 1908, in default of the payment of the decretal amount on or before August 22, 1912, and he further decreed that Rs. 12,812-7-3 would be due on that date. He further decreed possession of the mortgaged properties to the mortgagees, and they, on April 3, 1912, obtained symbolical but not actual possession.