PANDIT JIVA RAM Vs. THAKURAIN KHEM KOER

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for redemption brought by the plaintiff on the basis of a mortgage-deed, dated 12 June 1919. The mortgage-deed had provided that if in any year in the month of Jeth when there are no crops on the fields the whole amount is paid, the plaintiff would be entitled to claim redemption. The plaintiff deposited the whole amount due under Section 83 of the Transfer of Property Act on the last day of the month of Jethtin the year 1917.

(2.) On behalf of the defendant it was pleaded that there had been no proper tender and the suit for redemption was not maintainable and that in any case interest did not cease to run.

(3.) The Court of first instance decreed the suit for redemption but directed that redemption should take place from the following Jeth. It disallowed the claim for mesne profits. On appeal the learned District Judge was of opinion that the deposit under Section 83 was sufficient compliance with the law to stay interest. He accordingly decreed the whole suit.