KANNU MAL Vs. INDARPAL SINGH

JUDGEMENT

(1.) The principal question for discussion in this appeal is whether a deposit, of mortgage money made by the plaintiffs in this suit under the provisions of Section 83 of the Transfer of Property Act had the effect of stopping the running of interest.

(2.) The facts may be stated as follows:The plaintiffs in the suit are mortgagees who held under a mortgage, dated the 7 day of September, 1913. The mortgage money was Rs. 2,900 and out of this sum Rs. 2,425 was left to redeem a prior mortgage which was executed on the 29 day of June, 1910.

(3.) The suit was a suit for sale and the defendants first party were the mortgagors. The defendants second party were the prior mortgagees.