KHEM KUMAR SARAOGI Vs. DWIJENDRA KUMAR DWIVEDI

JUDGEMENT

(1.) THE plaintiffs are the appellants. The original plaintiff, Nagar Mal filed Title Suit No. 73 of 1975 in the Court of Subordinate Judge, Bettia against the defendant Dwijendra Kumar Dwivedi for realisation of mortgage money alongwith interest in respect of five mortgage deeds.

(2.) ACCORDING to the original plaintiff the defendant borrowed a sum of Rs. 10,000/ and on 1.7.1968 executed five mortgage bonds of Rs. 2000/ each for convenience of repayment of the loan amount. The mortgages were for a period of five years and total six acres land was involved therein.

(3.) ACCORDING to the terms of the mortgage deeds, the mortgagee, in case of the dispossession, was liable to pay interest at the rate of 1% per annum. In such circumstance they were anomalous mortgages.