PREMSUKH Vs. PRITHVIRAJ

JUDGEMENT

(1.) THIS second appeal on behalf of the defendant is directed against the Judgment and decree passed in appeal by the additional District Judge, Jodhpur, on the 14th of April 1949. The respondent had filed a suit against the appellant on foot of a mortgage deed dated Jeth Vad II, S. 1992, corresponding to the 17th May, 1936, under which the appellant had mortgaged his house in favour of one Mehtab Chand defendant respondent No. 2 for Rs. 1200/ -. It Mas stipulated by the mortgagor that the would pay the mortgagee interest at the rate of 12 as. per cent per month on the amount secured by the said mortgage deed Ex. P/1. It was further stipulated that in the event: of non-payment of interest for any year, interest on the amount of interest at the same rate would be payable and that on demand the mortgagor would pay the entire mortgage money with interest thereon and that in default the mortgagee would be entitled to file a suit and recover the amount from the sale of the house mortgaged. The mortgagee is said to have transferred his rights to Prithvi Raj on the 30th of October 1946, under registered deed of transfer.

(2.) THE suit was filed by Prithvi Raj, the assignee of Mehtab Chand, on the 14th of December, 1946. It was alleged in the plaint that the mortgagor, defendant No. 1, did not pay anything towards either the rent or the interest or the principal amount secured. That the mortgagee, defendant No. 2, served the mortgagor, defendant No. 1, with a notice on the 16th of April, 1941, but the latter did not pay any heed to it, that on the 25th of November, 1946, the plaintiff Prithvi Raj again sent a notice to mortgagor, defendant No. 1, saying that the mortgagee, defendant No. 2 had transferred his rights to him and that the amount due under the mortgage deed be paid within a week and the mortgaged house be redeemed. It was further alleged that the mortgagor, defendant No. 1, did not pay heed and hence this suit.