SARJUG DEVI Vs. BHAMAR LAL PUGALIA

JUDGEMENT

(1.) The second ap-peal has been referred to by S. All Ah-mad, J., after formulating the following three questions for their being answered as an authority by a Bench of this Court :

(2.) The brief facts giving rise to the present appeal by the defendants are that the plaintiff respondent had taken certain properties in mortgage from the defendants who had executed two mortgage deeds (Exts. 1 and 1/a) dated 15-3-62. The two deeds contain identical covenants. They provided that the defendants had agreed to put the plaintiff in khas possession and the plaintiff was to utilise the usufructs of the properties in lieu of interest.

(3.) The defendants had also agreed to pay the principal amount. According to the plaintiff, the defendants never delivered possession of the mortgaged lands, in spite of demands nor paid the principal money or interest. It was the further case of the plaintiff that the mortgages were legal and anomalous and, therefore after the expiry of the stipulated date in the deeds, he was entitled to sue for realisation of the mortgage money with interest and on failure of the defendants to pay the amount within the time fixed by the court, there was further stipulation for the sale of the mortgaged property.