GULABRAO VITHOBA Vs. SHAMRAO JAGDOB

JUDGEMENT

(1.) ON 23rd June 1921 the plaintiff Shamrao and his four brothers executed two mortgages, Ex. D-1 in favour of Ghudulal for Rs. 2256 and Ex. D-2 in favour of Sheoratan for Rs. 2500. In, each deed the mortgaged property consisted of a two-anna village share and two absolute occupancy fields, Survey Nos. 20 and 65, in mauza Mogra in the Chhindwara district. Sheoratan brought Civil Suit No. 137 of 1925 to enforce his mortgage (Ex. D-2), and a preliminary decree was passed on 20th October 1925 declaring that the property would be foreclosed in default of payment of as. 6251-13 0 by 20th April 1926. As a result of a family partition between Ghudulal and Sheoratan some time in 1925--the exact date is unknown--the mortgagee rights in Ex. D-1 were assigned to Sheoratan.

(2.) IN the meantime on 28th April 1925 Shamrao and his brothers executed an agreement (Ex. D-4) to sell Survey No. 20 to Gadiram, who has since died and is now represented by his sons, the first four defendants for Rs. 13,500, and admitted the receipt of Rs. 5000 paid as earnest money. Notice of this proposed sale was given to Sheoratan, who was the lambardar of the village, and he applied to a revenue officer to fix the value of the field. The Deputy Commissioner fixed the value at Rs. 11,088 on 8th April 1926 and an appeal by Sheoratan to the Commissioner failed. Sheoratan then abandoned his claim to pre-empt.

(3.) ON 24-4-1926 Sheoratan applied for a final decree in Civil Suit No. 137 of 1925: vide Ex. D 9. On 20-4-1926 Shamrao and his brothers had applied for an extension of time for payment, and on 25-9-1926 one month's time was given to them to find security for payment of interest. On 20-10-1926 they produced Gadiram as a surety, and he undertook to give security for the value of the crops which it was agreed was Rs. 1000. The Court directed as follows: I allow interest at Re. 1 P.C.P.M. till the date that now will be fixed for payment, i. e. 20-3-1926. The total amount comes to Rs. 1,000 plus Rs. 687-8-0 interest from 23-4-1926 to 20-3-1927, total Rs. 1,687-8-0.