RAMLAL Vs. NARAYANRAO

JUDGEMENT

(1.) THERE is only one question for decision in the appeal, and there was practically nothing else for decision in the suit in spite of the twenty-one issues framed. The question is whether more or less than Rs. 825 in addition to the Rs. 7,000 due as principal was due on the mortgage on the 18th of May 1924. As the mortgagee in possession has steadily refused to give any accounts, and has even now put in statements that are impossible to understand and have not been proved, the decision of that question should be against him at once. But there is ample proof that the amount due was less than Rs. 7,825.

(2.) THE sum to be paid for redemption was Rs. 7,000 plus rental arrears on the date of redemption minus any amount paid as nazarana during the period of the mortgagee's possession. The mortgagee's own statements come to this that the rental arrears in May 1924 did not amount to more than Rs. 870-3-9, of which most if not all have been recovered since then. As he refused the tender of Rs. 825, which is only Rs. 45-3-9 less, without assigning any reason at all or making any statement of what the rental arrears really were, the tender must be held to be valid.

(3.) BUT it is very clearly proved that it was less. On the 27th of November 1922, one Gangaram surrendered land to the mortgagee in consideration of the cancellation of debts of the face value of Rs. 2,055 and the land was immediately leased again to Bhika Rajput for a cash payment of Rs. 2,000. Without the strongest proof, and none of any sort is offered, it would be impossible to suppose that the actual value of the debts cancelled was as much as Rs. 1,955. Even if no more than Rs. 100 of it was irrecoverable, the amount due on the mortgage in May 1924 is reduced to leas than Rs. 7,825, to say nothing of interest.