BRAHMWATI Vs. SHAMBHU NATH

JUDGEMENT

(1.) This is a defendants' appeal against a final decree passed by Mr. Des Raj Pahwa, Commercial Sub-Judge, Delhi, a suit No. 341 of 1945 decreeing in the favour of the plaintiffs a sum of Rs. 8,636 against defendant No. 1 Mst. Brahmwati and Rs. 2,244 against defendant No. 2 Gopi Nath with costs.

(2.) Bhondu Mal obtained against firm Umrao Singh Basi Nath a mortgage decree on the 6th of August, 1934. Brahmwati, the wife of Basi Nath, one of the mortgagors brought a suit for declaration that she was the owner in possession of the house, the subject-matter of the mortgage-decree. This suit was dismissed on the 8th December, 1938. In execution of the mortgage-decree Bhondu Mal purchased the equity of redemption for a sum of Rs. 32,000 and this sale was confirmed on the 13th January, 1939.

(3.) On the 17th July, 1939 Brahmwati's appeal against the decree passed in her suit was allowed and her suit was decreed. This decree was reversed by Bhide, J. on appeal to the High Court and in a Letters Patent Appeal against this judgment Brahmwati was declared to be owner of half of the house and consequently the execution sale of the whole of mortgaged house became reduced to one-half of the house but Brahmwati continued to remain in possession. On the 28th January, 1944 the legal representative of Bhondu Mal, Shambhu Nath, obtained symbolical possession of the house and on the 8th August, 1945 Shambhu Nath brought a suit for accounts from the 8th December, 1938 up to the 7th August, 1945. His prayer in the plaint was 'that defendant No. 1 be ordered to furnish accounts of the rents realised by her with effect from the 8th December, 1938 the date of sale in favour of the plaintiffs to the date of filing the suit i.e. 7th August, 1945 and for a decree for recovery of the sum so found due. The trial court granted a decree which was upheld by the Senior Subordinate Judge on appeal, but on appeal being brought to this Court the decree was modified in that accounts were ordered for six years immediately preceding the suit.