DEO NAGAR ROY Vs. RAM SEWAK MAHTO

JUDGEMENT

(1.) Ram Baran Roy and Mohipat Roy were two brothers. Defendant No. 2 and Balak Roy, father of defendant No. 6, were the sons of Ram Baran and defendants Nos. 1, 3 and 5 were the sons of Mohipat.

(2.) On the 4 of March, 1898, one Gobardhan Mahto executed a mortgage in respect of 10 bighas 13 cottahs of land in favour of defendants Nos. 2 and 3 and one Sheo Narain Mahto defendant No. 4 who is a relation of the plaintiffs, for Rs. 155 out of which Rs. 100 belonged to defendants Nos. 2 and 3 and Rs. 55 to defendant No. 4. The rate of interest was Re. 1 per mensem per hundred and 2 per cent, per mensem if the repayment was not made on the due date.

(3.) On the 25 March 1900 the said Gobardhan Mahto executed a zarpeshgi mortgage in favour of defendants Nos. 5 and 6, the brothers of defendants Nos. 3 and 2 respectively, for Rs. 299, mortgaging a part of the lands covered by the first mortgage of 1898. Out of this amount Rs. 121 was paid to the plaintiff in payment of some previous debt, Rs. 155 the principal of the 1 mortgage of, 1898 was kept in deposit with the mortgagees for payment to the mortgagees i.e., defendants Nos. 2, 3 and 4 alleging that the interest upon the same had been paid up to date and Rs. 22 was paid in cash to the mortgagor.