SAHADU MANAJI SHINDE Vs. DEVLYA JABA MAHAR

JUDGEMENT

(1.) The subject of these appeals is five Survey Numbers 68, 71, 75, 76 and 77, which were mortgaged with possession in the year 1873 by the plaintiffs predecessors to the defendants predecessors.

(2.) The mortgage provided that interest should be payable every year; therefore the mortgagee, on default in payment of interest, obtained a money-decree against the mortgagor in 1876 for Rs. 500 on account of arrears of interest.

(3.) On the 5th of October 1877, in execution of the decree, the Survey Nos. 68 and 75 were put up for sale and purchased by the mortgagee, and the Survey Nos. 71, 76 and 77 were about the same time put up for sale and purchased by one Balvant Jagannath who obtained possession.