NANDU SAHU Vs. RAM LAKHAN SINGH

JUDGEMENT

(1.) The facts relating to the dispute between the parties are stated in the judgment of this Court bearing date the 6 August 1904. The effect of that judgment, as regards the mutual relations of the parties, is that the plaintiffs were mortgagor's and were entitled to redeem the mortgage executed on the 18 August 1888. The principal intermediate transactions, by which the proprietary right in the hypothecated property was alleged by the defendants to have passed to them, were held by this Court to be inoperative. The case was sent back to the lower Court for taking an account as if an account was to be taken in an ordinary redemption suit. The defendants were held to be entitled to the costs up to the date of the decree of this Court on the basis of their having been mortgagees. The mortgagors, the plaintiffs, were held to be entitled to redeem.

(2.) On remand the lower Court has taken accounts between the parties and has given a decree substantially in favour of the plaintiffs.

(3.) The defendants have appealed to this Court, and the main questions urged before us relate to the principle on which the accounts should have been taken.