HAR SHARAN LAL Vs. SURAJMAL KUNDANMAL OSWAL

JUDGEMENT

(1.) THIS is a second appeal by the mortgagor defendant from the concurrent decisions in a suit by the mortgagee plaintiff for repayment of the principal and of interest on a mortgage, and on failure for sale of the mortgaged property.

(2.) THE points for decision are the following:

(3.) THE broad facts of the case are mostly common ground. The defendant-appellant mortgaged his house on 22-3-48 for Rs. 2500/- payable after three years, that is on 22-3-51 it was described as one with possession. At the same time interest at 1 per cent per month was also mentioned, obviously to take effect if possession was not given simultaneously. The mortgagor executed a separate instrument called Kirayanama agreeing to pay Rs. 25 per month as rent for the house, which it is noted, is exactly the monthly interest at 1 per cent per annum specified in the instrument.