NRISINGHA CHARAN NANDY CHOWDHRY Vs. RAJNITI PRASAD SINGH

JUDGEMENT

(1.) The plaintiffs on 21 March 1931 sued to enforce two mortgages of an impartible Raj in the Santhal Pargannas with an area of about three laks of acres. The first mortgage, dated 2 February, 1913, was executed by Jung Bahadur Singh the then holder of the estate for Rs. 2,00,000 at 6 per cent compound interest the due date being 1 February 1925.

(2.) The second, dated 16 April 1917, executed by Sham Lal Singh a younger brother of Jung Bahadur, who had died since the first mortgage, was for Rs. 2,86,500 at 51/2 per cent compound interest the due date being 15 April 1927. Each of the mortgages contained a clause entitling the mortgagees to call up the whole amount if interest fell into arrears for two years in the case of the first mortgage or five years in the case of the second mortgage. Later, on 9th December 1926, Sham Lal and his younger brother executed a usufructuary mortgage to defendant 19 for Rs. 40,000 with which money certain creditors were paid off and on the 15 of the same month defendant 19 was put into possession. After a very brief period however he was dispossessed by a receiver appointed in a suit between Sham Lal and his younger brother.

(3.) After various civil and criminal proceedings defendant 19 was however ultimately re-instated in possession by the Court on 5 January 1931 and has been in possession since, realizing the rents and profits under his rights as usufructuary mortgagee. He has had to pay large Government demands and has also paid off other creditors and his claim amounts at present to Rs. 2,18,000. It is admitted that no interest has been paid upon either of the first two mortgages since 8 June 1919.