KALYAN DAS Vs. JAN BIBI

JUDGEMENT

(1.) This is a plaintiff's appeal which arises out of a suit for recovery of Rs. 1,080 by enforcement of a mortgage, dated 28 August 1914, executed by one Faqire Lohar in favour of the appellant.

(2.) The mortgage was to secure a debt of Rs. 135. The mortgagor was indebted to the plaintiff under two earlier bonds, dated 22 January, 1911, and 18 April 1912, and the amount due to the mortgagee under these prior mortgage bonds together with interest amounted to Rs. 119. Rs. 6 were paid for expenses relating to the completion and registration of the document in suit and Rs. 10 were received before the Sub-Registrar. A tiled katcha house was mortgaged to secure this debt.

(3.) The stipulated rate of interest was Rs. 2 per mensem with monthly rests. The suit was instituted on 30 June 1925. The plaintiff claimed interest at Rs. 2 per mensem with annual rests.