In the suit, in addition to respondents 1 and 2, Hajirabai widow of the deceased brother Ahmed Saleh Mohamed Sait, and their sisters, Ameenabai and Haneefabai, were also impleaded as defendants 3, 4 and 5.
44,000/ .
The companytractual rate of interest was 1 per cent per mensem.
60,200/ .
44,000/ as principal and Rs.
15,017 8 0 in respect of the first mortgage deed, and Rs.
In this appeal, Mr. Govinda Rao, learned companynsel for the.
51,200/ as principal and interest, while, on the foot of the second mortgage, the amount claimed as principal and interest was Rs.
37,971/50P as the principal amount of the two loans advanced under these two mortgage deeds and, applying s. 17 of the Act, granted a decree for this amount as principal together with the same amount as interest.
44,000/ for the two mortgages as decided by the trial Court.
44,000/ as interest.
Further, Khan Saheb Abdul Gani Saheb, and Khan Saheb Abdul Shakoor Saheb were impleaded as defendants 6 and 7 in their capacity of purchasers of the equity of redemption from the mortgagors.
The appellants have number companye up against this decree passed by the High Court by certificate granted by that Court.
Appeal from the judgment and decree dated September 19, 1958 of the Mysore High Court in Regular Appeals Nos.
1 , and Mohamed Saleh Mohamed Sait respondent No.
13 of 1939 hereinafter referred to as the Act .
Thereupon, both the parties filed appeals in the High Court of Mysore.
On the foot of the first mortgage, the amount claimed was Rs.
27th March, 1952, on the amount decreed.
154 and 196 of 1952 53.
44,000/ , being the aggregate of the companysideration shown in the two mortgage deeds, and, companysequently, allowed as arrears of interest the sum of Rs.
22,954/ in respect of the second mortgage deed.
441 of 1965.
20,000/ and Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2 , while their mother Rahamatbai alias Bhayabai joined them in the execution of the mortgagedeed of 14th June, 1937.
appellants, raised only two points.
Govind Rao and K. Rajendra Chaudhuri, for the appellants.
The trial companyrt decreed the suit on 27th March, 1952, after applying the provisions of section 17 of the Mysore Money Lenders Act No.
The High Court held that the trial companyrt had wrongly treated the amounts of Rs.
B. Aggarwala and R. Gopalakrishnan, for the respondents 1084 The Judgment of the Court was delivered by Bhargava, J. One Khanmull, whose legal representatives are the appellants in the present appeal, instituted Original Suit No.
The preliminary decree was, therefore, granted for a sum of Rs.
24,000/ as the principal amounts of the original loans and recorded a finding that the principal amounts, in fact, were Rs.
The High Court further held 1085 that this would be the arrears of interest to which the appellants would be entitled up to the date fixed for payment of the redemption money by the judgment of the High Court, that date being the 19th March, 1959.
88,000/ companyposed of Rs.
Both these mortgages were executed by three brothers, Ahmed Saleh Mohamed Sait since deceased , Elias Saleh Mohamed Sait respondent No.
For the purpose of giving effect to.the provisions of s. 17 of the Act, the trial companyrt held that the principal amount of the two loans was Rs.
The excess interest claimed at the companytractual rate of 1 per cent per mensem was disallowed on the ground of the maximum limit for the grant of the total amount of interest laid down in section 17 of the Act.
59 of 1949 50 on 10th January, 1950 for recovery of amounts due to him on the basis of two simple mortgages dated 12th January, 1937 and 14th June, 1937 in the Court of the District Judge, Civil Station, Bangalore.
