DHONDI RANOJI PATIL Vs. REVAPPA SATAPPA SINTRE

JUDGEMENT

(1.) This was a redemption suit filed subject to the conditions of the Dekkhan Agriculturists Relief Act for taking accounts under four mortgages and for possession of the property mortgaged. The four mortgages were as follows:-A mortgage with possession for Rs. 500 of all the lands in suit, except Revision Survey No. 58 dated the 8th July 1875; secondly, a mortgage with possession of Revision Survey No. 58, dated the 5th March 1878, for Rs. 95; third, a mortgage of the property comprised in the mortgage of 1875, namely eleven Survey numbers for Rs. 600 in cash, dated the 8th August 1882; fourth, a mortgage of the eleven Survey numbers, subject of the mortgage of 1875 and Survey No. 58, which was the subject of the mortgage of 1878 for Rs. 700, dated the 28th November 1902.

(2.) The learned Subordinate Judge passed a decree declaring that the 1st and 2nd mortgages had been fully satisfied, that Rs. 1,200 were due to the defendants on the 3rd mortgage and Rs. 962-12-0 on the 4th mortgage and ordered the plaintiff to pay to the defendants or into Court Rs. 2,162-12-0 and costs of suit and further interest on Rs. 1,043 at six per cent per annum. The rest of the decree is not material for the purposes of this appeal.

(3.) The mortgagor-plaintiff complains of the decree which was affirmed by the District Judge in appeal on the ground that it does not apply towards the discharge of the 3rd and 4th mortgages the amount appearing upon an account taken under Section 13 of the Dekkhan Agriculturists Relief Act to have been received by the mortgagee after satisfaction of the 1st and 2nd mortgages.