NAWAB SADIQ ALI KHAN Vs. JAI KISHORI

JUDGEMENT

(1.) This is an appeal from a decree of the Court of the Judicial Commissioner of Oudh, dated May 27, 1925, reversing a decree dated April 30, 1924, of the Subordinate Judge of Lucknow.

(2.) The first respondent, who alone appeared in the appeal, is the mortgagee under a mortgage, dated April 18, 1908, and the appellants are the representatives by succession or purchase of two persons named Baqar Ali Khan and AH Ahmad Khan.

(3.) The mortgage was executed by the two persons last mentioned in security of a sum of Rs. 7,000 loaned by the mortgagee for a term of five years in the first instance and bearing interest at the rate of fourteen annas per cent, per mensem. It is in the ordinary form, and provision is made for interest being accumulated at compound rates in the event of non- payment, and for the period of payment of the principal sum and interest being extended beyond the stipulated period in the option of the mortgagee.