ALI ABBAS Vs. BABU MOGHAL SAH

JUDGEMENT

(1.) The defendant is the appellant. The suit was based on two mortgage bonds, dated the 11th May, 1934 and the 11th July, 1939. The plaintiffs prayed for recovery of the sums due on these mortgage bonds, and the suit has been decreed.

(2.) The plaintiffs' case is that one Syed Ghulam Abbas, father of the defendant, had executed the first bond for a sum of Rs 3,350/-on the 21st Baisakh 1341 B. S., corresponding to 4th May, 1934, stipulating to pay interest at the rate of Re. 1/- per cent. per month. The said Syed Ghulam Abbas executed another mortgage bond for a sum of Rs. 3,600/- on the 26th Asarh 1346 B. S., corresponding to 11th July, 1939 and the stipulated rate of interest was 6 per cent per annum. It is stated that the said Ghulam Abbas had paid a sum of Rs. 900/- towards interest of the first bond on the 10th Asarh, 1353 B. S. and the payment was duly endorsed on the back of the bond by the executant. As the amounts due under the mortgage bonds were not paid, the suit had to be instituted against the defendant who is the son and the only heir of the said Syed Ghulam Abbas. The plaintiff claimed interest only at 9 per cent. per annum as per account given in the schedule of the plaint.

(3.) The suit was contested by the defendant on several grounds. In the present appeal, however, we are concerned with two defences only, namely, (1) that the mortgage bonds had not been presented and registered according to law; and (2) that the suit on the second mortgage bond of the 11th July, 1939 is barred under the provisions of Section 4 of the Bihar Money-Lenders (Regulation of Transactions) Act of 1939 (Act VII of 1939).