TOTARAM Vs. PANCHAMSINGH

JUDGEMENT

(1.) TOTARAM mortgaged a house to Pancham Singh on Sept. 24,1955 for Rs. 1,500 and executed on the same day a rent note reserving a monthly rent of Rs. 15.

(2.) ON the basis of the rent note the Plaintiff brought the suit for ejectment and recovery of arrears of rent. The Defendant resisted the suit inter alia on the ground that the rent note was only a part and parcel of the mortgage transaction and that no decree for ejectment could be passed nor was he liable to pay interest at a rate higher than the maximum chargeable under the Madhya Bharat Interest Act, 1956.

(3.) THE Plaintiff appealed from that decree. The Additional District Judge Morena has allowed it and has passed a decree for ejectment as also for Rs. 363 -12 0 on account of arrears of rent.