LAWS(MPH)-1959-7-10

FIRM MAKHANLAL GIRWARLAL Vs. HARNARAIN

Decided On July 31, 1959
FIRM MAKHANLAL GIRWARLAL Appellant
V/S
HARNARAIN Respondents

JUDGEMENT

(1.) This is a first appeal by the plaintiff firm whose suit has been dismissed by the Additional District Judge, Gwalior.

(2.) The facts are these. On 20-12-1952 Har Narain defendant No. 1, on behalf of himself and his minor son Ramjidas defendant No. 2, mortgaged a house in Janakganj, Lashkar for Rs. 8,000/-in favour of the plaintiff. The mortgage money was repayable within three years. There was a subsequent charge created by a deed of 30-3-1933 for Rs. 3,000/- on the same terms and conditions. On 1-6-1942 the mortgagors sold a part of the property to one Mataprasad and the latter paid to the mortgagee firm a sum of Rs. 12,000/- on 1-8-1942 when the portion sold to Mata Prasad was released by the mortgagee.

(3.) The present suit was brought by the mortgagee on 19-12-1947 for Rs. 15,299/9/-.