DADABHAI MUSE VALLI Vs. DADABHAI VALLI ABHRAM

JUDGEMENT

(1.) This is a suit for redemption in which both parties are agriculturists, and there is no doubt that the provisions of the Dekkhan Agriculturists Relief Act apply.

(2.) In accordance with the provisions of Section 12 of that Act the lower Courts have gone into the origin and nature of the transaction which was upon the face of it a usufructuary mortgage to secure payment of Rs. 2,499, and upon a consideration of the history of the transaction they have come to the conclusion that Rs. 2,499, is the true consideration for the mortgage.

(3.) It is provided by Section 13 of the Act that " when the Court enquires into the history and merits of the case under Section 12, it shall notwithstanding any agreement as to setting off the profits of the mortgaged property without an account in lieu of interest, open the account between the parties from the commencement of the transaction and take that account according to the rules specified in Sub-sections (a) to (f); and when the account has been so taken the balance appearing due shall be deemed to be the amount due at the date of the suit."