MADHO SARAN SINGH Vs. MANNA LAL

JUDGEMENT

(1.) This appeal arises out of a suit instituted by the plaintiff appellant for a declaration that two decrees obtained in two mortgage suits by defendant 1, Manna Lal, and the sales of the mortgaged properties in execution of those decrees were not binding on him, and for recovery of possession with mesne profits of his share in the mortgaged properties. The plaintiff is a member of a Hindu joint family. The two mortgages, (1) dated 10 November 1906 and (2) dated 26 January 1908, were executed by Pokh Narain Singh, who is otherwise called Bhabu Singh, the uncle of the plaintiff in favour of defendant 1, Manna Lal.

(2.) The first mortgage was for a sum of Rs. 600, and it carried interest at Rs. 1-4- 0 per cent per mensem and compound interest at the same rate with six monthly rests. The necessity stated in the bond for incurring this loan was to meet the expenses of certain cases relating to a village Onawa belonging to the joint family. The second bo January, 1908 was for a sum of Rs. 9,625. It was executed in renewal of a prior mortgage, dated 5 June 1895 executed by Bishnu Prasad Singh, the father of Pokh Narain Singh and the grandfather of the plaintiff, for a sum of Rs. 2,000, in favour of Bihari Lal, the uncle and predecessor-in-title of defendant 1 Manna Lal. The bond of 1895 was executed in lieu of a prior debt of Rs. 585, and for a cash advance of Rs. 1,415, which was stated in the bond to have been borrowed for paying the Government revenue of the estate and for meeting the marriage expenses of the son of the executant. In evidence, it is sought to be proved that the son who was married was Hargobind Prasad, the father of the present plaintiff.

(3.) This debt of Rupees 2,000, carried interest at Rs. 1-4-0 per cent per mensem and compound interest at the same rate with six monthly rests. It was further provided in this bond of 1895 that the entire amount of principal with interest should be paid within a year, and after the due date of payment if the debt was not satisfied the whole amount was to carry interest at Rs. 2-8-0 per cent per mensem and compound interest with six monthly rests at the said increased rate. The bond of 1908, which was in renewal of this bond of 1895, was for a sum of Rs. 9,625 which was the amount found due on the bond of 1895 on calculating interest thereon at Rs. 1-4-0 per cent per mensem and compound interest at the same rate; the enhanced rate of interest of Rs. 2-8-0 was not charged and there was some remission, and the sum of Rs. 9,625, was arrived at in this way.