DWARKA PRASAD AND ORS. Vs. JAMNA LAL

JUDGEMENT

(1.) HEARD learned Counsel for both the parties.

(2.) BRIEFLY stated the facts of the case are that Plaintiff -Respondent Jamna Lal filed a suit for redemption of mortgaged property, which was initially mortgaged for Rs. 3000/ - on 17th March, 1955. A further sum of Rs. 1000/ - was further taken as a loan against the said property on 14.12.1956. Therefore, total mortgaged amount was Rs. 4000/ -. It was agreed upon that interest at the rate of 14 Aana per hundred per month will be paid. Since property was handed over in possession of the Defendants, therefore, the Defendants were required to pay rent, which was agreed upon as Rs. 10/ - per month, which was to be deducted from the amount of interest. The 2 trial court decreed the suit and directed the Defendants to hand over the possession of mortgaged property. Since amount of interest was not awarded, therefore, Defendants preferred first appeal before the first appellate court. The first appellate court was of the view that Defendants are entitled to interest of three years only and rest amount of interest has become time barred, and therefore, the same is not recoverable and no decree can be passed. The Defendants preferred this second appeal on the ground that since possession of the mortgaged property was handed over to the Appellants, therefore, their entire money including the interest was secured and as such they are entitled to receive the interest as per agreed rent after deducting the agreed amount of rent from the date of mortgage till the actual date of payment of the amount.

(3.) DURING the course of arguments, learned Counsel for both the parties, on instructions of their respective parties, submitted that Plaintiff -Respondent is ready to pay the amount of interest from the date of mortgage till the date of actual payment. Defendant -Appellants 3 have agreed to hand over the actual vacant possession of the mortgaged property on or before 31st March, 2011. In these circumstances, both the parties submitted that appeal be disposed of on following terms and conditions and there is no need to decide the substantial question of law formulated by this Court. In these circumstances, there is no need to discuss and decide the question of law formulated in the case.