CHARAN DASS AND OTHERS Vs. SHADIRAM

JUDGEMENT

(1.) THESE cross -appeals arise out of a suit for redemption of a mortgage made on 28th Poh, 1955 Bk., by one Mst. Utami, now represented by Shadi Ram, plaintiff. The principal amount secured by the mortgage was Rs. 2,000/ - and interest at Rs. 1/ - per cent, per mensem was stipulated. Towards the interest the mortgagor was to be credited with an aggregate amount of Rs. 55/ - per annum as rent for mortgagee's possession. The property mortgaged comprised three shops situate near Arya Smaj, Patiala. The deed further provided that the mortgagor would pay for the costs of 'shakasht rekhat' to the property together with Interest at annas 12/ - per cent, per mensem at the time of redemption, and also that the mortgagees would be entitled to make improvements by way of raising 'Chobaras etc' on the shops.

(2.) IT is this final decree against which the parties have appealed. The plaintiff -mortgagor appeals for the reduction of interest by Rs. 1,786/8/ - on grounds which I need not reiterate, as they are not pressed. The mortgagees in their appeal pray for the amount payable to them to be enhanced by Rs. 38,350/ - ; Rs. 13,000/ - as cost of improvements and Rs. 25,350/ - interest thereon at Rs. 7 1/2 per cent, per annum.

(3.) THIS is sought to be interpreted to mean that the mortgagees had full and unrestricted authority to raise any structure they pleased, and even to demolish and rebuild the shops according to their own design and requirements. Reliance in support of the argument is placed on - 'Kharati Ram v. Dina Nath',, AIR 1927 Lah 815 (2) (A). The facts of that case, however, were very much different. There, the mortgaged property was found by the local Municipal Committee to be in a dangerous condition and, therefore, a notice under the Punjab Municipal Act was served on the mortgagees to demolish it within six hours. Part of the house fell down before the rest was demolished. The mortgage was for Rs. 600/ - end it provided that the mortgagee would be entitled to do 'muramat shakasht rekhat' to the house and add the expenses incurred thereon', with interest at the stipulated rate, to the amount due under the mortgage. The house, as rebuilt at a cost of Rs. 1,120/ -, was not larger than the one that existed at the time of mortgage, though it was better constructed.