LINGAM KRISHNA BHUPATI DEVU GURU Vs. SRI MIRZA SRI PUSAPATI VIJAYARAMA GAJAPATIRAJ MAHARAJA OF VIZIANAGRAM

JUDGEMENT

(1.) It seems to their Lordships that this case is perfectly clear and the judgment appealed from perfectly right.

(2.) The mortgagee advanced a large sum of money on terms very favourable to the mortgagor. At the same time he retained the position of a simple mortgagee. That is so expressed in the deed itself. The mortgagor has not fulfilled the obligations he undertook. After prolonged forbearance and fifteen years after the mortgage was made, the mortgagee, whose interest is greatly in arrear, comes forward and says: "I am a simple mortgagee," and he asks the Court to enforce his rights. The decree was a matter of course.

(3.) Their Lordships will therefore humbly advise His Majesty to dismiss the appeal and the appellant must pay the costs.