SHAFI-UN-NISSA Vs. FAZALRAB

JUDGEMENT

(1.) The facts are these:--One 1di on the 15 of January, 1866, executed a mortgage deed in favour of his son Shams-ud-din. The material portion of the said mortgage-deed may be rendered as follows: A sum of Rs. 700 in all is due to Shams-ud-din by me, hence executing this deed in favour of Shams-ud-din, I covenant and give in writing that in lieu of the interest on the said sum which at the rate of Rs. 2 per mensem amounts to Rs. 168, I mortgage with possession 56 bighas, 11 biswas and 7f dhurs yielding a rent of Rs. 113-2-3 at the rate of Rs. 2 per bigha, situate in the village Angwa alias Kathgaun and put him in possession. The said Shams-ud-din is to appropriate the rents of the said land amounting to Rs. 113-2-3. He may either cultivate the land or let it to tenants. I and my heirs and representatives shall raise no objection. After deducting Rs. 113-2-3 an annual balance of Rs. 54-13-9 remains due, and whenever I shall intend to pay off the debt, I shall pay the principal together with the annual balance of interest, i.e., Rs. 54- 13-3 and shall redeem the land.

(2.) The representatives-in-interest of the mortgagor brought an action for redemption of the property mortgaged on the allegation that in the settlement of 1882 fasli in consequence of exchange of the plots the area of the mortgaged property went up to 80 bighas, and that its rent rose to more than Rs. 200, and they prayed for accounts.

(3.) The pleas in defence on which the disposal of this appeal turns were that under the mortgage deed in question the mortgagees were not bound to render accounts and that the plaintiff in order to redeem had to pay the principal Rs. 700 and the total of the annual balance of interest amounting to Rs. 3,859.