NARAIN PRASAD Vs. NARAIN SINGH

JUDGEMENT

(1.) This is an appeal from the decree of the learned District Judge of Farrukhabad affirming the decree of the Additional Subordinate Judge of the same place in a suit for enforcement of a lien.

(2.) Narain Singh defendant No. 1 owned a zemindari share in Mauza Mandal Shankarpur, Pargana Bhojpur, in the District of Farrukhabad. On the 1 of August, 1904, he executed a simple mortgage deed in respect of the bulk of the aforesaid share in favour of one Sadbo Ram for Rs. 500 at a certain rate of interest.

(3.) On the 19 of January, 1912, he exectued a simple mortgage-deed in favour of one Pearaylal for Rs. 1,000 and left the entire sum with the mortgagee with the direction that the latter should pay the amount to Sadho Ram and redeem hie mortgage On the same day, he also executed a deed of usufructuary mortgage in favour of the plaintiffs and defendants Nos. 2 to 4 for Rs. 5,000 for a period of 20 years. The property mortgaged by these two documents was the entire interest of Narain Singh in Mandal Shankerpur. Peareylal did not pay Sadho Ram and the latter sued for enforcement of his mortgage on the 30 of September, 1916, and obtained a decree on the 11 of January, 1917. Plaintiffs and defendants Nos. 2 to 4 were parties to this section. The decree was put into execution and the property was purchased at auction by Parsotam Singh defendant No. 7 and three others for Rs. 2,900. The sale was set aside at the instance of the plaintiffs, who on the 18 of September, 1920, deposited in Court Rs. 2925-6 8 which represent ed the decretal amount together with the legal penalty at the rate of 5 per cent. Plaintiffs claim to recover from Narain Singh the aforesaid sum and Rs. 1,024-9-4 on account of interest by enforcement of the mortgage lien in favour of Sadho Ram.