BALDEO RAI Vs. MURLI RAI

JUDGEMENT

(1.) This was a suit by the appellants for the recovery of Rs. 1,794, and, in default of payment, for foreclosure on the basis of two deeds, dated July 19th, 1864, and September 1st, 1865. Both deeds were executed by the ancestors of the respondents in favour of the ancestors of the appellants. The Subordinate Judge decreed the claim after making. a slight correction in the appellant s account of interest. On appeal, the District Judge disallowed the claim so far as it rested on the later deed, which, in his opinion, was not a mortgage.

(2.) The only question for decision in this second appeal is whether the later deed is a mortgage.

(3.) The earlier deed is a mortgage by way of conditional sale in one of the usual forms. the date fixed for payment being June 24th, 1869.