HANUMAN RAI Vs. DIPAN RAI

JUDGEMENT

(1.) This is a defendants appeal and arises out of a suit for redemption of a mortgage, dated 26 April 1869, executed by the plaintiff's father in favour of one Dhanraj Rai, predecessor-in-title of the defendants.

(2.) The suit was decreed by the trial Court conditional on the payment of a sum of Rs. 542-8-0 within a certain time by the plaintiff to the defendants. Both the parties were dissatisfied with the decree with the result that the defendants appealed and the plaintiff filed a cross objection in the lower appellate Court. The lower appellate Court dismissed the appeal filed by the defendants and allowing the cross-objection in part, modified the decree of the trial Court and decreed redemption on payment of Rs. 93.

(3.) The only point urged in support of the appeal by the learned Counsel for the appellants is that on the true interpretation of the terms of the mortgage-deed, the defendants are entitled to interest at the stipulated rate, not only up to the time fixed for payment by the mortgage-deed, but up to the date of the redemption of the mortgage. This contention of the appellants was upheld by the trial Court, but the lower appellate Court held that it was not equitable to allow the creditor to pile up the interest when he has already benefited considerably by the usufruct, and as such refused to allow to the defendants post diem interest on the mortgage-debt.