SETH GOKULDASS GOPULDASS Vs. MURLI AND ZALIM

JUDGEMENT

(1.) THIS is an appeal from a decree of the Judicial Commissioner of the Central Provinces of India, in a suit instituted by the Appellant against the Respondents in the Court of the Deputy Commissioner of Jubbulpore, for the foreclosure of a mortgage.

(2.) THE following are the circumstances under which the mortgage was executed:--On the 27th of June, 1859, the Appellant obtained a decree in the Court of the Sudder Ameen of Jubbulpore against Tarapat Patel, Malguzar of Khairi, the father of the Defendants, for the sum of Rs. 9,413. 15a.3p., being the balance of principal and interest duo upon a bond executed by Tarapat and the costs of suit. The decree was silent as to the payment of future interest on the amount decreed. By the bond upon which the decree was obtained, it was expressly stipulated that interest should be paid at the rate of 1 per cent, a month.

(3.) IN February, 1805, the Plaintiff applied to the Court of the Deputy Commissioner of Jubbulpore, against the Defendants and their father, Tarcupat, for an attachment and sale of their rights in the village of Khairi in execution for the sum of Rs. 13,498.9a.9p. claimed to be due under the decree.