MADHO PERSHAD Vs. GAJADHAR

JUDGEMENT

(1.) THIS is an appeal from a judgment of the Judicial Commissioner of Oudk, reversing a judgment of the District Judge of Lucknow.

(2.) THE Plaintiff, a banker, sued to recover proprietary possession of a village on the completion of foreclosure proceedings with respect to a mortgage of it. The mortgage was dated the 3rd of May, 1863, seventeen years before the commencement of the suit; of the mortgagors, seventeen in number, eleven survived, the remaining Defendants being representatives of those who had died. The mortgagee was Rajah Behari Lal, the father of the Plaintiff. The deed of mortgage purports to be a security for the repayment within five years of Rs. 4851, with 12 per cent, interest, the receipt of which sum is acknowledged, and it declares that if the principal and interest are not repaid within five years the instrument shall operate as an absolute deed of sale.

(3.) THE Plaintiff alleged default in the payment of the mortgage money, that the proper proceedings for foreclosure had been taken, and claimed possession of the land.