RAMLAL MURLIDHAR Vs. JOGENDRA KRISHNA RAY

JUDGEMENT

(1.) This is a suit to recover the sum of Rs. 25,000 as principal, and. Rs. 7,853, the balance of interest due on a hatchitta with further interest in default. The principal sum was advanced on the 14 November 1920. The defendants on the same day signed a hatchitta. The hatchitta is admitted and also payments of interest subsequently made.

(2.) It appears that on the 3 May 1921 the defendants, by way of security, executed a mortgage in favour of the plaintiff and other creditors charging certain property for the purpose of securing their pre-existing debts.

(3.) The only point taken on behalf of the defendant is that the debt on the hatchitta is merged in the mortgage and that the plaintiffs are not entitled to recover on the hatchitta exclusively.