NAURANG LAL Vs. PARTAP

JUDGEMENT

(1.) This appeal arises out of a suit for redemption of a mortgage executed on the 13 May 1887 by the defendant No. 2 in favour of defendant No. 1. On the 8th March 1892, defendant No. 2 sold the equity of redemption of the greater part of the mortgaged properties to the plaintiff.

(2.) The defendant No. 1 contested the suit on the ground that the plaintiffs was bound to pay off a further mortgage of (sic) property created by a bond of the 28 January 1893.

(3.) This bond purported to make a further sum of Rs. 600 chargeable in the mortgaged property and the mortgagor covenanted to pay off this sum along with the original" mortgage money. The Court below has found that of this Rs. 600, only Its. 150 were proved to have been paid to the mortgagor and held that the plaintiffs should pay that amount in addition to the original mortgage money.