RAMGOPAL RAGHUNATHDAS Vs. RAMCHANDRA KRISHNARAO SINGRU

JUDGEMENT

(1.) THIS is a plaintiffs' appeal arising out of a suit in which the plaintiffs seek a simple money decree on the strength of a personal covenant in the mortgage deed. The facts are as follows:

(2.) ONE Saraswatibai obtained a maintenance decree against the mortgagors. In execution the property covered by the mortgage was brought to sale and was purchased by the plaintiffs. Before the sale was confirmed, defendant 1 offered to mortgage the property to the plaintiffs for an advance of Rs. 2,000. This was done, and Saraswatibai's decree was satisfied out of the money so advanced. The mortgage is dated 4th September 1983 and is Ex. P-1. The sale was thereupon set aside.

(3.) ON 5th January 1942 the plaintiffs instituted the present suit. They relinquished their security under the mortgage and sought only to enforce what they said was a personal covenant in the deed. Hiralal was not joined because no relief was sought against the property or against him. He died in October 1948 during the pendency of the suit and the plaintiffs succeeded to his estate as his heirs. The estate included the property covered by the mortgage.