RAM SARUP CHAUBE Vs. RAM DULAR PANDE

JUDGEMENT

(1.) This is an application to revise a judgment of the Court of Small Causes under the following circumstances: The applicant obtained a document, said to be a sub- mortgage, from the respondent on the 3 of August, 1923, for a consideration paid by him of Rs. 300. It appears that the respondent was in possession of certain plots of land as mortgage under a deed, dated the 10 August, 1918. The respondent said that he would pay interest till Jeth following the execution of the deed when the plaintiff would take possession of the property mortgaged. The applicant said in the plaint that he had neither been paid interest nor had he been put into possession of the property. He accordingly sued to recover his money with interest.

(2.) The respondent pleaded payment of the money which he had borrowed, and also urged that the contract was an illegal one and could not be enforced and the money could not be refunded.

(3.) The learned Judge of the Court of Small Causes held that the money borrowed had not been re-paid, but ha was of opinion that the mortgage was an illegal one and the money could hot be recovered.