RAHAMATULLAH BEG Vs. YUSUF ALI

JUDGEMENT

(1.) This appeal arises out of a suit for redemption of a mortgage made on the 7th of July 1891, by one Musamrnat Munga Bibi, now represented by the plaintiff and some of the defendants. The principal amount secured by the mortgage was Rs. 35. The plaintiff offers to pay that amount, but claims Rs. 30 as damages for injury done to the mortgaged premises, which was a house. The mortgagee claimed, in addition to the principal amount of the mortgage, certain sums alleged to have been spent on repairs of the house and in re-building portions of it which had fallen down, and also water rates paid by him together with interest. The plaintiffs denied that any constructions had been made and that the mortgagor had assented to such constructions.

(2.) The Court of first instance awarded to the mortgagee costs of repairs, together with interest, the amount of rates and cesses paid, as also interest thereon; and costs of constructions, which it found had been made with the consent of the mortgagor.

(3.) The lower Appellate Court agreed with the Court of first instance as to the amount of costs incurred in repairing the houses and also as to the amount of rates and cesses paid, but disallowed interest on these amounts. As to the costs of additions made to the house, the learned Judge did not consider the question whether any such additions had been made or whether they were reasonable and necessary, but he was of opinion that it had not been proved that the constructions had been made with the assent of the mortgagor, and, on this ground alone, disallowed the claim of the mortgagee for the costs of constructions and improvements.