MAHADEO KRISHNARAO Vs. SHRIKISAN GOPALJI

JUDGEMENT

(1.) THIS is a first appeal by the Defendants against the judgment and decree of the Court of Civil Judge, Class I, Betul. The facts which are not in dispute are these: The Defendants borrowed Rs. 4,500 from the Plaintiff on 1 -5 -1943. They agreed to repay the debt at Re. 0 -12 -0 per cent per mensem compound interest on the 15th May 1945. As a security for the debt the Defendants executed a mortgage -deed (Exh. P -3) on the same day in favour of the Plaintiff. It is not necessary to describe the property which was mortgaged for the purposes of this appeal. The mortgage -deed provided that in the event of default in payment the property was to be foreclosed.

(2.) THE Defendants paid Rs. 3,000. The details of payment are shown below: