BASANTA MAL Vs. BEHARI LAL

JUDGEMENT

(1.) IN order to appreciate the points arising In L. P. Appeal No. 80 of 1949 the facts of the case may be set out in some detail.

(2.) ON 23-3-1926, Basanta Mal and Bhagwan Das mortgaged the shop in suit in favour of Nand singh for rupees 9,000/- on the foot of the mortgage deed, Ext. D. 10. Out of the mortgage money Rs. 8. 875/- were left in deposit with Nand Singh for payment to Ram Chand, previous mortgagee of the shop in-suit on the foot of mortgage made on 204-1920. On the 23-3-1926, basanta Mal and Bhagwan Das obtained the shop in suit on rent from Nand Singh mortgagee on the foot of rent deed, Ext. D. 11.

(3.) ON 6-7-1923, Nand Singh brought a suit for ejectment against Basanta Mal and Bhagwan das. Basanta Mal, however, brought a suit for cancellation of the mortgage. On 21-11-1928, the suite were compromised. Possession of the shop was delivered to the mortgagee and it was agreed that the mortgage money would be paid in Instalments stated in the compromise, Ext. D. 12.