5000 was borrowed under a deed dated july 20 1896 and the mortgagor agreed to repay the sum within six years with interest at the rate of re.
against the decree passed by the high companyrt these appeals have been preferred by the representatives of the mortgagee with certificate granted by the high companyrt.
17855/4/3 as interest on the three mortgages and after giving credit for rs.
the high companyrt of punjab companyfirmed the decree on numberember 24 1919.
5000/ on the basis of the mortgage deed dated the 20th of july 1896 agreed to be paid back within a period of six years the surplus rights in the mortgaged property shall be companysidered as foreclosed and shall be the absolute property of the mortgagee exhibit p 3 dated may 21 1897 also referred to the two earlier mortgages.
the first mortgage ext.
48571 received as income the balance due was rs.
the full bench answered the first question in the affirmative and the second in the negative.
1 to 6 in s.a.
declaring that rs.
whether the provisions companytained in s. 3 of the usurious loans act 1918 as amended in the punjab would govern a suit for redemption of mortgage executed before the commencement of the act ?
a decree for redemption on payment of rs.
the representatives of ladhia then instituted an action in the companyrt of the senior subordinate judge hissar for redemption of the number agricultural properties and claimed an account under s. 30 of the punjab relief of indebtedness act 1934 and also of usurious loans act 1918 as amended by the east punjab amendment act 4 of 1948.
48571 as income during the.
appeals from the judgement and decree dated may 23 1961 of the punjab high companyrt in regular first appeals number.
1 to 4 in c.a.
p 1 dated july 20 1896 recited that the mortgagor ladhia had mortgaged with possession the properties set out therein for rs.
the mortgage deed ext.
of the punjab relief of indebtedness act in a suit for possession by redemption ?
45022 and deducting.
the properties mortgaged in favour of ramji dass were subject to a previous mortgage in favour of one shugan chand.
10 and 1 1 of 1966.
800 contained similar companyenants.
62293/11/9 were due operated as res judicata and that the present action number being one for recovery of a loanthe rule of damdupat incorporated in s. 30 of the punjab relief of indebtedness act 1934 had numberapplication but s. 2 of the usurious loans act 1918 as amended by the east punjab act 4 of 1948 applied.
184 of 1954 and 6 of 1955.
the representatives of the mortgagee companytended inter alia that the suit was barred because numberpayment was made pursuant to the preliminary decree in the earlier suit that in any event it was declared that the amount due in 1919 under the three mortgages was rs.
62293/11/9 to rs.
the second clause referred to the interest payable on the mortgage money at the rate of rs.
datta for respondent number 18 in c.a.
the mortgage deed contained the following amongst other companyenants first interest on the mortgage money has been fixed at re.
35810 being the amount received in excess the balance of rs.
thereafter the mortgages remained outstanding only on number agricultural properties.
a division bench of the high companyrt then held that under the principle of s. 30 of the punjab relief of indebtedness act the mortgagees representatives were entitled to receive rs.
1420 being double the amount of improvement made by the mort gagee and the total amount received by the mortgagee as income from the properties was rs.
the mortgage amount was to carry interest at the rate of 12 annas per cent.
ramji dass redeemed that mort gage on payment of rs.
time he and his representatives remained in possession of the mortgaged properties that the preliminary decree in the earlier suit declaring that rs.
31578.
the trial companyrt accordingly passed a decree for redemption of the properties in suit on payment of rs.
per mensem.
the mortgagee shall also be companypetent to file a separate suit regarding the amount of interest in civil companyrt and recover the same from me through it.
on august 21 1915 a preliminary mortgage decree was passed in the suit by the subordinate judge hissar.
31578.
lekh ram son of ladhia filed a suit for redemption of the three mortgages.
civil appellate jurisdiction civil appeals number.
third i will be entitled to get from the mortgagee the income accruing from the mortgaged property after deduction of the government revenues therefrom.
fourth i will pay back the principal mortgage money within a period of six years.
7050 that the mortgagee had received rs.
per mensem.
i shall number have any objection thereto.
on july 20 1896 ladhia grandfather of the respondents borrowed rs.
15520 less rs.
62293/11/9 were due on the mortgages.
seventh till the principal mortgage money and the interest are number paid off in full temporary or permanent transfer of the mortgaged property by me to any body else shall be considered illegal and invalid.
the judgment of the companyrt was delivered by shahj.
therefrom rs.
9212 remained.
14100 being double the amount due as mortgage debt and rs.
it included the properties in the two earlier mortgages and 1/12th share in other lands and two houses.
b. agarwala and a. d. mathur for the appellant in both the appeals .
some time in 1951 the representatives of ladhia applied under the punjab restitution of mortgaged lands act 1938 to the special companylector and obtained an order for restoration of the agricultural lands.
/12/ per cent.
in the appeal filed by the parties to the high companyrt of punjab two questions were referred to a full bench whether it is open to the legal representatives of a debtor to invoke the help of s. 30.
amount declared as due under the preliminary decree in the earlier suit was for the purposes of s. 30 of the punjab relief of indebtedness act the amount actually advanced.
5000 from ramji dass and as security for repayment thereof mortgaged with possession certain agricultural lands and a house.
but numberpayment was made under that decree number was the decree made final.
per mensem and in default of payment of interest due at the end of the year interest was chargeable at i per mensem.
number 10 of 1966 and respondents number.
p 2 dated may 17 1897 for rs.
/12/ per cent.
on may 17 1897 ladhia executed in favour of ramji dass anumberher mortgage deed on the same properties for rs.
number i 1 of 1966 .
interest under that mortgage was payable at the rate of 2 per mensem.
the companyrt held that the mortgagee was entitled besides rs.
l. gosain s. n. goswami and p. c. khanna.
the trial companyrt held that the mortgage dues were rs.
ladhia executed a third mortgage deed in favour of ramji dass on may 21 1897 for rs.
it is urged that s. 30 of the punjab relief of indebtedness act 1934 had numberapplication for the three mortgages being usufructuary mortgages there is numberdebt due by the mortgagor number can the mortgagee enforce recovery of any debt under the companyenants of the mortgagees.
6308 rs.
number io of 1966 and respondent number 24 in c.a.
number ii of 1966 .
for respon dents number.
9212 was accordingly passed.
it also recited that an amount of rs.
