LAL CHAND KALLU MAL JAIN Vs. ATMA RAM

JUDGEMENT

(1.) This is plaintiff's appeal from the judgment and decree of the Senior Subordinate Judge, Ambala, dismissing his suit for possession by way of redemption of a two-storeved house, bearing house tax No. 5649, and a godown bearing house tax No. 5650, situate in Sadar Bazar area, Ambala Cantonment.

(2.) On 23-11-1936 Lal Chand plaintiff and his father Kallu Mal had executed a deed of simple mortgage regarding the above-mentioned property in favour of the respondents for a consideration of Rs. 5,500/-. The possession was to remain with the mortgagors who undertook to pay interest at the rate of-/13/ per cent per mensem, but in the event of their paying interest regularly, the rate of interest would be reduced to-/9/-per cent per mensem. No interest of any kind was paid by the mortgagors.

(3.) On 4th of October, 1940, three documents were executed by Lal Chand, his father Kallu Mal having died in the meanwhile. A deed of sale (Exhibit D 3) was executed by the plaintiff, the price payable being Rs. 8,000/-. The consideration was comprised of the principal amount owed to the defendants of the mortgage, Rs. 5,500/- interest due Rs. 2070/-and cash taken at the item of the execution of the sale deed Rs. 430/-.