BANSIDHAR Vs. SHIV SINGH

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit for sale on the basis of two mortgage-deeds.

(2.) It appears that on 20 March 1906 a mortgage-deed was exeeuted by Bansidhar in favour of Lachhmi Narain and others hypothecating shares in 3 villages: (1) Nahil, (2) Sambhalpur and (3) Nawadia. This was a simple mortgage on the basis of which a suit was instituted subsequently and a mortgage decree obtained in 1916. On 6 May 1919 the mortgagors executed another mortgage in favour of plaintiff Mange Lal and others for Rs. 7,000 carrying interest at Re. 1-4-0 per cent per mensem compoundable annually under which shares in 2 out of the 3 villages, namely, Nahil and Sambhal-pur, only were mortgaged. There was another mortgage of 1 March 1920 in favour of another person, Lachhman Prasad. On 12 March 1921 the mortgagors executed a second mortgage-deed in favour of the plaintiffs Mange Lal and others for Rs. 22,000 carrying interest at 14 annas per cent per mensem compoundable yearly. In this also the same 2 out of the 3 villages, namely, Nahil and Sambhalpur were hypothecated and there was a 4 village, Tukra Jungle, also mortgaged. Money was left in the hands of the mortgagee for payment of the prior motgage decree of 1916 as also for the payment of the mortgage of 1 March 1920 and some other debts and some money was taken in cash for purposes of payment of revenue and private expenses.

(3.) But for one difficulty the plaintiffs. would have had a plain-sailing case inasmuch as the previous mortgages were both incorporated in the third mortgage, a suit on which was well within time.