BHERODAN Vs. MURLIDHAR

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs whose suit for redemption and possession of certain suit properties has been dismissed by the Court of the District Judge, Gwalior.

(2.) THE plaintiffs are auction-purchasers of the right of redemption in a Court auction sale. This auction sale was held in execution of a money decree of one Mahadeo Prasad against one Roshanlal, the original mortgagor. There were two mortgages in respect of the suit property both in favour of the defendant-respondent. The first was dated 9th September 1939. It was in favour of the defendant-respondent Murlidhar for a consideration of Rs. 7000. 00. It carried interest at 12 annas per cent per month and was redeemable after two years. The mortgage was a usufructuary mortgage. It contained a stipulation that the mortgagee shall be entitled to recover rents and profits of the mortgaged house and if the rent of the year was insufficient to meet the liability for interest for that period, the unpaid interest shall be capitalised in the next year. The second mortgage was in similar terms and was dated 10/7/1940. It was for a further consideration of Rs. 1000. 00. All the conditions of the first mortgage were made the conditions of the second mortgage, except in one respect, i. e. , the second mortgage provided that as from 10/7/1940 interest on the total sum then due was chargeable at Rs. 12 per cent per annum. The date of redemption of this mortgage was Hkknks cnh "laer"

(3.) THE suit of the plaintiffs was principally for the determination of the price of redemption of the mortgages in suit. They, therefore, in their suit for redemption and possession, inter alia, claimed the following reliefs: