SAKHARAM SHIVRAM MAHADIK Vs. DHAKTOJIRAO SHRIPATRAO KADAM

JUDGEMENT

(1.) The plaintiff sued for an account of a mortgage with possession executed on April 16, 1918, the consideration being Rs. 2,940. The Courts below have found that nothing is now due on it.

(2.) The transactions between the parties were investigated under the Dekkhan Agriculturists Relief Act, Section 13, and were found to go back to a mortgage of 1891, which was for Rs. 1,500, and accounts were taken on this basis. Both the mortgages were with possession, the rent being agreed to be taken in lieu of interest by the mortgagee. There were accounts from 1891 to 1906-07, but for the period after that none were produced.

(3.) The learned Subordinate Judge's finding was that the mortgagee got as rent in kind two khandis and twelve and a half maunds of paddy from 1891 to 1897; two khandis and twelve maunds from 1898 to 1904, and two khandis and five maunds from 1905 to 1917, but that he should have got five khandis, one maund and eight payalis of paddy with some maunds of nagli and sheaves of fodder and a cash payment of Rs. 16-10-8 from 1891 to 1917, and four khandis, two maunds and eight payalis of paddy from 1918 onwards.