BISHUNLAL SINGH Vs. JAGARNATH SINGH

JUDGEMENT

(1.) This is an appeal by defendants second party (14 15 and 16) in a suit for sale upon a mortgage, which was executed on 17 January 1925, by the defendants first party for a consideration of Rs. 1400. The suit was brought on 25 January 1938, claiming a total sum of Rs. 8500 and it was decreed in full on 24 February 1939.

(2.) The appellants were puisne mortgagees who had subsequently purchased the equity of redemption in execution of a decree upon their own mortgage.

(3.) No point has been raised upon the merits, but the following four contentions have been made. First, that Section 7, Money-Lenders Act (7 of 1939), must be applied, and consequently the amount decreed for the period up to the date of suit including principal and interest cannot be more than Rs. 2800. One payment of Rs. 51 by way of interest having been made on 8 January 1937, the total amount, it is said, which can be decreed is consequently Rupees 2749.