LACHMAN PRASAD Vs. LACHMESHWAR PRASAD

JUDGEMENT

(1.) This was a suit brought by the respondent, Lachmeshwar Prasad, on a mortgage deed of the 18 of June 1908. The defendants were Gokaran Singh, the mortgagor under the said deed, Bhola Singh and Lath man Prasad, impleaded as subsequent purchasers of a portion of the mortgaged property. The deed in question was for a sum of Rs. 7,000, interest to run at 15 percent per annum, compoundable with six monthly rests. Five items of property were hypothecated. In the third paragraph of the plaint it is stated that Bhairon Prasad, father of the plaintiff and a member of the same joint family, had subsequently acquired the equity of redemption in respect of two out of the five items of property. The plaintiff admits that the integrity of the mortgage had thereby been broken up, so that he is only entitled to claim a proportionate amount of the mortgage-money against a proportionate amount of the security. He then submits an account showing that the sum due under the mortgage-deed amounted on the date of the suit to Rs. 17,000, This, by a sum in proportion based upon a valuation of the five items of mortgaged property, he proceeds to apportion as follows:

(2.) Rs. 11,820-4-0 chargeable on the two items of property of which his father has become the purchaser.

(3.) Rs. 5,179-12-0 chargeable against the three remaining items of property, which have, as a matter of fact, been purchased by the second and third defendants under circumstances to be presently noted.