MAHARAJAH OF BHARATPUR Vs. RAM KANNO DEI

JUDGEMENT

(1.) THIS is an appeal from an order made in execution proceedings. The plaintiff, now appellant, is a mortgagee; and the respondent represents the mortgagor who was defendant and is dead. The mortgage was made on December 11, 1882,'to secure three lacs of rupees. The mortgagor failed to pay, and the mortgagee filed a plaint which is not in the record, but which from the Subordinate Judge's recital in his judgment appears to have been of an ordinary nature, praying for payment of principal and interest on a day to be fixed by the Court, and for sale in default of payment. The frame of the suit, however, so far as it explains the decree, is most properly taken from the decree itself, on the construction of which the whole case turns.

(2.) THE decree bears date January 7, 1886. It will make the discussions on it clearer if the material expressions in it are arranged under separate heads.

(3.) ON September 25, 1897, the Subordinate Judge, who was not the judge who made the decree of 1886, allowed the objection. His reason is given thus: It is an admitted fact that the plaintiff claims to recover interest even after the 20th of July, 1886, which was the date fixed by the Court for the payment of the mortgage money under Section 88 of Act IV. of 1882. I have read the judgment and the decree of the original suit, and they are as clear and specific in awarding interest to the plaintiff up to the 20th of July, 1886, as could be desired. Neither of these documents admits of any doubt, and I hold that according to those documents the decree-holder is entitled to interest up to the 20th of July, 1886, but not after that.