SITA NATH GHOSE Vs. THAKURDAS CHAKRAVARTY

JUDGEMENT

(1.) The mortgage in this ease was a mortgage which combined the incidents of a mortgage by way of conditional sale with the incidents or one of the incidents of a usufructuary mortgage. It was expressly provided that the mortgagee, the plaintiff in this suit, should have possession of the mortgaged properties in lieu of interest. The mortgage debt was payable at the end of 1307 and it was further expressly provided that in default of payment the mortgagee should be at liberty to foreclose according to law.

(2.) The plaintiff, it is found, was wrongfully kept out of possession by the mortgagors or their then representatives and only secured possession during one year, 1311.

(3.) While he was out of possession, he paid a sum of Rs. 562-13-6 to prevent the mortgaged property from being sold in execution of a decree for arrears of rent obtained by the superior landlord.