JEEWANCHAND Vs. KALIBAI

JUDGEMENT

(1.) THE suit out of which this first appeal arises was institute l by the Appellants against Biharilal and his sons (Respondents 2 to 4). Biharilal died during the pendency of the appeal and his legal representatives have been brought on record. The suit was on the basis of a mortgage deed (Ex. P -l), dated 30 -4 -1954, executed by Biharilal and Respondents 2 to 4 for a consideration of Rs. 6,000 only. Although Respondents 3 and 4 had raised several pleas to resist the claim, it is no longer in dispute between the parties that the mortgage deed was executed by all of them for consideration. The Plaintiffs had

(2.) THE Defendants filed a document Ex. P -7, dated 4 -12 -1946, which is a letter written by them to the Plaintiffs and pleaded that on the basis of this letter the rate of interest was reduced to 8 annas per cent per month from that date. It was also pleaded by them that this letter had been interfered with by the Plaintiffs by substituting "12 annas" in place of "8 annas" and as this was a material alteration, the claim was not tenable. They further pleaded that as the Plaintiffs were money -lenders and did not send the annual statements of accounts, they were not entitled to interest and costs.

(3.) THIS appeal is directed against that part of the judgment of the trial Court which disallows interest and costs to the Plaintiffs appelants. Shri P.R. Padhye for the Appellants has urged the following points in support of the appeal;