VIJAI SINGH Vs. KARAN SEE

JUDGEMENT

(1.) THIS is an appeal by Thakur Vijai Singh against the judgment and decree of District Judge, Balotra, decreeing the suit brought by the plaintiffs respondents.

(2.) THE case put forward by the plaintiffs respondents was briefly this: THE defendant's father Thakur Mohbat Singh of Thikana Ramseen was in need of a loan in connection with the marriage of his daughter, i. e. the sister of the defendant. Under some rule or practice prevalent in the former State of Marwar, Thakur Mohbat Singh had to obtain the sanction of the Chief Minister of that State for obtaining a loan for the purpose. Consequently, an application was made for obtaining the sanction, and Thakur Mohbat Singh wanted to borrow Rs. 10,000/ -. Sanction was, however, given to him to borrow Rs. 7,000/ -. In pursuance of that sanction, he borrowed the sum of Rs. 7000/- from the plaintiffs at 12% compound interest with yearly rests on 17-5-1944. In order to secure the plaintiffs a Baraskati deed was executed for the sum of Rs. 15000/-, and registered. This form of transaction seems to have been very much in vogue in the former state of Marwar in view of the restriction which was imposed by law on jagirdars from alienating their properties. This Baraskati deed was for 10 years, and the plaintiffs were to give up possession after 10 years when the principal and interest would be satisfied after the enjoyment of the villages given to the plaintiffs for this purpose. THE plaintiffs' case Was that they never got possession of the villages as soon after the Thikana was put under Court of Wards. THErefore the plaintiffs proved their debt before the Court of Wards. Eventually, they filed the present suit for recovery of the amount lent and interest at 12% compound with yearly rests, i. e. for a total sum of Rs. 14000/ -.

(3.) WE, therefore, partly allow the appeal, and modify the decree of the Court below in this way, the plaintiffs will be entitled to a decree of Rs. 7000/- principal, and 12 per cent, simple interest thereon from the date of the Baraskati deed, namely, the 17th of May, 1944, to the date of the suit. Thereafter, the plain tiffs would be entitled to 6 per cent. interest on the principal from the date of suit to the date of the decree, and thereafter 6 per cent. interest on the total decretal amount from the date of decree to the date of realization. Parties will pay and receive costs in both the Courts according to success and failure. .