1, 1 2,500 was paid to Mr. Tapp under the authority of the defendant.
10 and 1 1 of 1939 arising out of the Judgment and Decree dated the 23rd November, 1936, of the Court of the Subordinate Judge of Berhampore in Original Suit No.
The defendant resisted the suit on several grounds.
He pleaded that the mortgage was supported by companysideration only to the extent of Rs.
1, 12,500 was paid in cash, the case of the plaintiffs is that it was, in fact, paid on 14th April, 1923, on the authority of the defendant to his manager, one Mr. Henry Tapp, after the mortgage bond was registered, which was on 10th April, 1923.
Appeals from the Judgment and Decree dated the 22nd December, 1942, of the High Court of Judicature at Patna in First Appeals Nos.
V. Narasinga Rao and M. S. K. Sastri for the appellant.
L. Chhibber and R. 0.
1 and 2 of 1949.
The mortgagee died on 18th November, 1933, and thereafter his legal representatives filed the suit, out of which these appeals arise, for recovery of the balance due under the mortgage by sale of the hypothecated property.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The subject matter of the mortgage is an estate called the Bodogodo Zemin situated in what was the District of Ganjam in the Province of Madras and number companyprised in the State of Orissa, and governed by the provisions of the Madras Impartible Estates Act 11 of 1904.
He also held that the mortgage bond was duly attested and validly registered, and a decree was passed in accordance with these findings Both the parties took up the matter in appeal to the High Court of Patna.
The Judgment of the Court was delivered by VENKATARAMA AYYAR J. These appeals arise out of a suit instituted by the respondents to enforce a mortgage deed, Exhibit A, dated 5th April, 1923, executed by the defendant in favour of one Radha Prasad Bhagat.
11 of 1935.
He also companytended that the mortgage bond was number duly attested or validly, registered, and that it was therefore void and unenforceable.
42,000.
The plaintiffs filed A. S. No.
The mortgage is for Rs.
Prasad for respondents Nos.
25,000, and that it had become discharged by the payments made in 1926 and 1927.
1 4, 6 9, 11 and 12.
1,25,000 and the deed recites that a sum of Rs.
March 9.
