NAWAB NAZIR BEGAM Vs. RAGHUNATH SINGH

JUDGEMENT

(1.) This suit was brought to enforce a mortgage made on the 7th November, 1884, by the ancestor of the defendants and respondents Nos. 1 to 8, in favour of the ancestor of defendants and respondents Nos. 13 to 15, which mortgage was transferred on the 4th January, 1910, to the plaintiff appellant; defendants and respondents Nos. 9 to 12, claim title to certain of the lands in mortgage.

(2.) The mortgage recites that the mortgagor had borrowed Rs. 398, in order to pay the Government revenue, and the covenant is in the following terms: I will repay the aforesaid sum together with interest at the rate of Rs. 2-8-0 per cent per mensem, in the month of Aghan, Sambat 1942, without any plea or excuse, and I will continue to pay the interest every six months. If fail to pay interest at the and of any six months, I will pay interest at the rate of Rs 3-2-0 per cent, per mensem from the date of the execution of this bond and that amount of interest shall be added to the principal.

(3.) As at the date of the suit no payment had been made in respect of interest or principal, the total debt had swollen with compound interest to more than 3 lacs of rupees.