LALL BEHARY DUTT Vs. THACOMONEY DASSEE

JUDGEMENT

(1.) This is an application by the defendant for an order that, having regard to the law of damdupat, the plaintiff is not entitled to realize and receive more on account of principal and interest under the decree in this suit, dated the 23rd July 1883, than double the amount of the principal sum therein mentioned.

(2.) It appears that, on the 30th May 1879, the- defendant's husband (since deceased) executed a mortgage in favour of the plaintiff to secure the principal sum of Rs. 12,000 and interest thereon at the rate of 15 per cent, per annum, the security being the mortgagor's undivided one-tenth share in properties specifically mentioned in the mortgage which formed part of a joint family estate.

(3.) A suit to partition the joint estate was instituted on the 18th of February 1880. In that suit a decree for partition was made on the 2nd of April 1881, and by an order, dated the 26th of May 1881, the Receiver of this Court was appointed Receiver of the whole joint estate. On the 16th March 1882, the plaintiff instituted the present suit, and, on the 23rd July 1883, obtained the usual mortgage decree, which directed the Registrar to take an account of what was due to the plaintiff on his mortgage, the interest to be calculated on the principal sum being at the rate mentioned in the mortgage during the period allowed for redemption, namely, six months from the date of the decree; and it was provided that, on the expiry of that period, the interest then due should be added to the principal sum, and that thereafter interest should be calculated on the aggregate amount at the rate of 6 per cent, per annum; and it was further provided that, in default of payment of the aggregate amount, the mortgaged premises, or such other property as might in the partition suit be allotted to the defendant as the representative of the mortgagor, should be sold.