(1.) THIS is an appeal which arises out of a suit on a mortgage. Appellant 1, Mahadeosingh is the father of, appellant 2, Mohansingh. Mahadeosingh was indebted to respondents 1 to 3 and executed a simple mortgage in their favour on 22-8-1927 for Rs. 7,999 and agreed to pay the Bum with compound interest at Rs. 0-18-0 per cent per mensem with annual rests. The amount was payable in 11 instalments on Baisakh Sudi 15 of every year commencing from Fasli year 1337 (1928 A.D.). The amount and the date of payment of the several instalments are as given below: Amount of instalment. Date fixed for payment. (1) Rs. 500 plus interest due on the entire amount ... 45-1928 (2) Rs. 500 plus interest due on the balance ... 23-5-1929 (3) Rs. 600 " " ... 12-5-1930 (4) Rs. 600 " " ...
(2.) -5-1931 (5) Rs. 650 " " .. 2-5-1932 (6) Rs. 650 " " .. 9-51933 (7) Rs. 800 " " ... 29-4-1934 (8) Rs. 850 " " ... 18-5-1935 (9) Rs. 900 " " ... 6-5-1936 (10)Rs. 950 " " ... 25-5-1937 (11)Rs. 999 " " ... 14-5-1938 ________ Total Rs. 7,999. 2. In default of payment of any instalment on the due date, the defaulted instalment was to carry compound interest at the rate of Rs. 1-4-0. per cent per mensem from the date of default till payment. In default in the payment of three instalments the entire amount was to carry compound interest at Rs. 1-4-0 per cent per mensem with annual rests till realisation. The property mortgaged was 16 anna malguzari share of mahal No. 2 of mauza Tandulwani with cultivating rights in sir.
(3.) THE respondents filed Civil Suit No. 15-A-of 1936 on 8-2-1936 in the Court of the 2nd Additional District Judge, Nagpur, against the appellants to recover Rs. 14,171 on the basis of the mortgage deed dated 22-8-1927 (Ex. p-1) and in default of payment prayed for a decree for safe of the mortgaged property.