DEORAO Vs. DHONDIRAO

JUDGEMENT

(1.) IN this case the plaintiff claims a foreclosure decree for Rs. 800 against defendants 1 to 3 on a mortgage deed, dated 8th February 1918, executed by defendant 1. Defendants 2 and 3 are subsequent purchasers on a sale-deed (Ex. 2. D-1), dated 30th March 1918. The plaintiff claims double the principal of his mortgage. The case proceeded ex parte against defendant 1. Defendants 2 and 3 admitted execution of the mortgage for full consideration, but denied its due attestation. They stated that just before the sale defendant 1 paid Rs. 415 to the plaintiff in full satisfaction of the mortgage, but the plaintiff neither passed a receipt nor returned the document. The trial Court found that defendant 1 executed the mortgage (Ex. P-1) for which he was paid Rs. 400 and that the mortgage was duly attested. It found that the repayment of Rs. 415 to the plaintiff had not been established and that Rs. 800 were due on the mortgage.

(2.) ON appeal the lower appellate Court found that the attestation had not been established. It also held that the mortgage-debt had not been satisfied and that further interest from the date of suit was allowable. A simple money decree for Rs. 800 was passed against defendant 1 which carried interest at 6 per cent. per annum from the date of suit till realization.

(3.) IT was held that the admission in the Sub-Registrar's endorsement was not sufficient to prove execution : the admission must be made in the course of the trial. The lower appellate Court held that the judgment of his predecessor, delivered on 30th October 1924, stands in its entirety.