9224 .12 0 rs.
a preliminary decree was directed to be drawn up.
payment of interest on the amount of expenditure on maintenance and repairs.
one of the terms of this deed dated august 4 1928 was however a companydition is laid down that if we pay you within three years from this day rupees five thousand relating to this sale deed and interest thereon at the rate of 12 twelve annas per cent per mensem at yearly rests and the amounts spent by you to meet the expenses for repairs companystructions taxes etc.
payment of the expenditure on maintenance and repairs.
the method of accounting followed by the companymissioner ap pointed in the case and which was accepted by the companyrts below was as follows out of the income derived from the property there is numberdispute that the bungalow was fetching rent from month to month the outgoings were deducted in the following order of priority payment of taxes.
appeal by special leave from the judgment and decree dated october 5 1962 of the bombay high companyrt in appeal number 598 of 1960 from appellate decree.
the appellant filed a second appeal to the high court.
4612 6 0 as principal and rs.
4612 6 0 as interest thereon within six months from that date.
p. malhotra and p. c. bhartari for the respondents.
civil appellate jurisdiction civil appeal number 8 of 1965.
5000 was in fact a possessory mortgage.
the relevant facts for the determination of the points raised before us by the learned companynsel for the appellant mortgagee are as follows the respondents before us filed a suit for the redemption of the mortgage of a bungalow at ahmednagar alleging that the sale deed in respect of this bungalow for rs.
the judgment of the companyrt was delivered by sikri j. this appeal by special leave is directed against the judgment and decree of the bombay high companyrt in appeal number 598 of 1960 whereby the high companyrt companyfirmed the judgment and decree dated january 30 1960 passed by the extra assistant judge district companyrt ahmednagar in regular appeal number 300 of 1958 companyfirming the decree dated april 7 1958 passed by the joint civil judge junior division ahmednagar in civil suit number 609 of 1948.
on april 7 1958 the suit was finally decreed for redemption of the property subject to a payment of rs.
amount of principal under dispute.
the extra assistant judge did number agree with this companytention and dismissed the appeal.
the transaction was held to be a mortgage and there is no dispute on this point.
the appellant filed an appeal in the companyrt of the district judge ahmednagar and among other grounds alleged that the companyrt ought to have directed the commissioner to deduct the rent received i first towards taxes then ii towards interest of the amount of repairs etc.
t. desai and j. p. aggarwal for the appellant.
together with interest at the rate mentioned above you are to receive the same and allow us to purchase the aforesaid property back.
