MOHD ISHAQ HUSAIN Vs. SAHU CHHEDA LAL

JUDGEMENT

(1.) This is a defendants appeal. On 118-1928, Tawwassul Husain and Mt. Sughra Begam executed a mortgage deed for Rs. 1,45,000 in favour of Sahu Makkban Lal. The deed purported to be a usufructuary mortgage and the mortgagee was to be put in possession of the mortgaged property from the beginning of 1836 Fasli and he was to take the income of the property in lieu of interest. On the same date a stamp paper was purchased on which a lease was executed on 24-S-1928. Under this lease, the mortgaged property was given on lease, by the mortgagee, to Tawwassul Husain, one of the mortgagors, from the beginning of 1336 Fasli and the rent reserved was Rs. 8,700 which was payable in three instalments, on 15th December, 15 February and 15 June each year. It may be mentioned incidentally that if the mortgage amount of Rs. 1,45,000 carried interest at 6 per cent, the amount of interest payable in any year would be Rs. 8,700.

(2.) Tawwassul Husain, the lessee, made defaults in payment of the lease money, and several suits were brought from time to time in the Court of the Assistant Collector for realisation of the arrears. Some of these decisions came up to this Court, and one of the decisions, is reported in Makhan Lal V/s. Mahomed Tawassul Husain .

(3.) The last suit before the present suit, was filed on 19-11-1938, for the lease money due for the years 1342 to 1345 Pasli, and it was decreed by the Assistant Collector on 11-2-1939.