DWARKA PRASAD Vs. GOPI NATH

JUDGEMENT

(1.) This is one of the defendants appeal and arises out of a suit for redemption, filed by the plaintiff respondents against the defendant appellants in the Court of the Munsiff, Bharatpur.

(2.) It was alleged that certain shops in the town of Bharatpur were mortgaged by Shankerlal, father of the plaintiff No. 1, Gopi Nath, plaintiff No. 2 Bal Kishen, and grandfather of Prem Narain minor, plaintiff No. 3, on the 28th of June 1910 for a consideration of Rs. 500/-in favour of the defendants Chhoteylal, Nand Kumar, Badri Prasad & Dwarka Prasad. The rate of interest agreed upon was Rs. 1/4/- per cent, per mensem. It was recited in the mortgage deed that the rent of the mortgaged property at the time of the mortgage was Rs. 5/-per mensem. This rent would be credited towards interest. If the rent realized in future exceeded the amount of monthly interest, the excess would be credited towards principal.

(3.) The plaintiffs alleged that Rs. 300/-were paid towards the mortgage money and the rent of the mortgaged property had been in excess of the monthly interest. Therefore, nothing was due to the mortgagees on account of principal and interest of the mortgage. On the contrary, something would be found due to the mortgagors on an account being taken. It was alleged that Shanker Lal had died and the plaintiffs were his legal representatives. They asked the defendants to redeem the property, but they refused. It was, therefore, prayed that the property be redeemed and that an account be taken from the mortgagees and whatever amount was found due to the plaintiffs be awarded to them.