BANK OF INDIA Vs. BHANWAR LAL AND OTHERS

JUDGEMENT

(1.) The plaintiff partly aggrieved by the judgment and decree, is the appellant in this appeal.

(2.) The appeal is directed against the judgment and decree dated 21.10.83, rendered by the Additional Judge, Barwani to the Court of District Judge, Mandleshwar in COS No. 6-B/81, thereby passing the decree of Rs. 34,834.45 with interest at Rs. 10% p.a. and proportionate costs with further direction to adjust monthly rent of Rs. 350/- against decretal amount but negativing the plea of creation of equitable mortgage.

(3.) The facts lie in a narrow compass. The respondent No. 1 Bhanwarlal and deceased Juzarmal obtained the loan of Rs. 37,500/- from the appellant and executed demand pronote and other relevant documents. They also created equitable mortgage with the appellant, at its Indore Branch of House No. 102 situated in Kasba Anjad, at Mahatma Gandhi Marg in Dhan Mandi Mohalla. As the amount was not repaid despite demands, the appellant filed the aforesaid suit. The suit was decreed in part for the amount as stated above. The trial Court, however, negatived the plea of mortgage and thus answered the Issue No. 4-A, framed in this behalf against the appellant/Plaintiff. Aggrieved by this part of decree, negativing the Issue No. 4-A, the appellant has filed this appeal.