CHAMPAT SINGH Vs. JANGU SINGH

JUDGEMENT

(1.) This was an appeal from an order of the Judicial Commissioners dismissing an application by the appellants, as mortgagors, for the execution of a redemptior decree. The mortgage in respect of which the decree was made was a usufructuary mortgage for a period which has expired, but there was a provision for payment on redemptior Seportad by J. M. Parikh, Bar of a sum in respect of interest. The mode of calculating interest was a matter in controversy in the redemption proceedings in regard to which this Board differed from the view of the Judicial Commissioners.

(2.) By the judgment of this Board, dated the 28th of July 1906, the respondents, the mortgagees, were held entitled to simple interest at the rate of 24 per cent, per annum on Rs. 3,519, the original mortgage-debt as from the 14th of January 1867, the date of the mortgage, as well as to mesne profits until redemption.

(3.) In 1902, previously to the judgment of this Board of the 28th of July 1906, the mortgagors had deposited in Court Rs. 3,844, a portion of which they afterwards withdrew, leaving in Court Rs. 3,335, a sum sufficient to satisfy .the interest payable in respect of the mortgage according to the judgment of the Subordinate Judge of Sitapur affirmed in substance by the Judicial Commissioners in April 1902, and on the 5th of December 1902 the mortgagors were let into possession of the mortgaged premises, although an appeal to His Majesty against the order of the Judicial Commissioners was then pending.