SUBBAI GOUNDAN Vs. PALANI GOUNDAN

JUDGEMENT

(1.) The facts which have given rise to this appeal may be shortly stated. The appellant who had obtained a subsequent possessory mortgage from 2nd defendant sued to redeem a prior possessory mortgage Ex. I dated, 7th April 1903 for Rs. 1,000, in favour of the 1st defendant (1st respondent). The document provided that the principal amount was payable on 7th April 1910, and "that in default of payment within the prescribed time the amount was repayable with interest at 4 annas per Rs. 100 per mensem from the date of expiry."

(2.) On 28th May 1910 the appellant deposited Rs. 1,004-2-0 in Court under Section 83 of the Transfer of Property Act. 1st respondent was served with notice of the deposit but he did not appear and admittedly the money was not drawn from Court; the petition under Section 83 of the Transfer of Property Act was dismissed on 21-6-10.

(3.) On 17th September 1912 the appellant instituted the present suit in which he claimed Rs. 600, as mesne profits for two years, (May 1910 to May 1912). 1st respondent contended that the amount deposited was not correct, that he had surrendered the land to appellant, that he was entitled to Rs. 50 for value of improvements and also to interest up to the date of the written statement and that appellant s claim for mesne profits was unsustainable.