MAHA PRASAD SINGH; SURENDRA MOHAN SINGH AND RAMANI MOHAN SINGH Vs. RAMANI MOHAN SINGH; MAHA PRASAD SINGH

JUDGEMENT

(1.) In this case their Lordships have to deal with three consolidated appeals from decrees of the High Court of Judicature at Fort William in Bengal, arising out of a mortgage suit filed in the Court of the Subordinate Judge at Bhagalpur in Bengal. The first and principal appeal is from the decree of the Subordinate Judge enforcing the mortgage, which was affirmed on appeal by the High Court. Subsequently to making that decree the Subordinate Judge 8ima made two orders varying the same, both of which were on appeal set aside by the High Court. From these two orders of the High Court appeals have been brought by the respondents to the main appeal, and they constitute the second and third of the consolidated appeals.

(2.) The mortgage bond, to enforce which the action was originally brought, was a bond for Rs. 3,50,000, dated the 21st December 1896, in favour of Babu Suraj Narayan Singh, the father of the principal respondent, and secured on lands situated in the Sonthal Parganas and elsewhere. The mortgagors were members of a joint Hindoo family. Inasmuch as no question arises in this appeal as to the parties to the present action being the proper parties, it will be convenient to call the appellants in the principal appeal the mortgagor and the respondents the mortgagees.

(3.) The bond sued on was the last of a series of bonds for noreasing amounts. The total of the principal amounts advanced was, according to the statements in the plaint Rs. 2,85,903-1-9. But the total claim of the mortgagees at the date of suit was Rs. 5,36,038-11-10, the balance being made up of interest which was charged according to the provisions of the different bonds, the rate under the bond in suit being 7 1/2 per cent, per annum with annual rests. By far the greater portion of the mortgaged properties was situated in the district of the Sonthal Parganas, and the mortgagors resided in that district. The remainder of the mortgaged property was situated within the local jurisdiction of the Bhagalpur Court.