POONAMCHAND Vs. JAWANMAL

JUDGEMENT

(1.) THIS is a revision application by the defendants against an order of the trial court holding that the Khata dated 2-2-61 which is unregistered is admissible in evidence.

(2.) THE case of the plaintiff is that Jethmal deceased the predecessor in, interest of the present defendants mortgaged a house and Nohra in his favour by means of a registered deed dated 24-2-56 for Rs. 2000/ -. It was recited in the deed that possession had been given over both the properties to the mortgage and that the mortgagor would not pay any interest on the loan and the mortgagee would not pay any rent for the mortgaged property. THEre was also a personal covenant to pay the loan after two years. THE plaintiff's further case is that Jethmal did not actually deliver possession over the properties to him and on 2-2-61 he executed a Khata for Rs. 2620-12-0 in respect of the sum of Rs. 2000/- advanced under the mortgage. This included interest at 6 percent, simple on the sum of Rs. 2000/- from 24-2-56 to 2-2-61. THEre was also a stipulation to pay future interest at 6 percent, per annum simple on the sum of Rs. 2620-12-0.