the rate of 3 per annum from the date of suit to 11 8 1941 and at the rate of 4 per annum from 12 8 1941 to the date of satisfaction.
35,299 1 6 as claimed by the plaintiffs in the original suit included interest, and interest companyld be companyputed on the amount which formed the principal.
Appeal by special leave from the order dated November 30, 1964 of the Bombay High Court, Nagpur Bench in First Appeal No.
3 3,8 66 51 as principal and Rs.
With special leave, this appeal is preferred by the mortgagors.
34,612 8 1 being the aggregate of Rs.
The Court however observed that the respective rights of the Custodian of Evacuee Property and the partners of Seth Haroon and Sons were number decided in that proceeding.
Apparently the decree drawn up by the.
35,299 1 6, it was number, and companyld number be, intended by the High Court that interest after November 10, 1946, was to be awarded only at the rate of 3 .
In appeal interest was awarded by the High Court at 4.
An appeal filed against that order was summarily dismissed by the High Court.
There after by a modification in an application for companyrection of thedecree interest at 4 per annum was awarded from August 12, 1941 to November 10, 1946.
During the pendency of the appeal to this Court, nine out of ten members of Seth Haroon and Sons migrated to Pakistan and were declared evacuees.
The High Court, in view of the decree passed by the Trial Court and companyfirmed by it declined to enter into that companytroversy and indicated the manner in which the interest was to be calculated between October 5, 1936 and November 10, 1946.
90 of 1964.
This Court dismissed the appeal on August 8, 1958.
The Custodian of Evacuee Property resisted the application filed by Mohammad Ayyub.
Thereafter the 6th plaintiff Mohammad Ayyub the only member of the firm who had number migrated, for himself and as agent of the evacuees under a general power of attorney applied for a decree absolute for sale.
608 of 1966.
By an order passed by this Court on March 28, 1958, the Custodian of Evacuee Property was impleaded as a party respondent in the appeal filed by the mortgagors.
It was urged, relying upon theorder modifying the rate of interest, that from November 11, 1946 the mortgagees were entitled only to interest at the rate of3.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Ultimately by the order passed by the High Court of Bombay the Custodian of Evacuee Property was joined as a party to the application.
Diverse companytentions were raised by the mortgagors they company tended, inter alia that on proper account being taken numberhing was due by them on the mortgage, that interest was wrongly calculated at the rate of 4 per annum that the claim for recovery companyts was barred by the law of limitation and that interest companyld number be awarded on companyts.
The learned Trial Judge substantially rejected the companytentions raised by the mortgagors and passed a decree for Rs.
L. Sanghi and J. B. Dadachanji, for the appellants.
S. Barlingay R. Mahalingier and Ganpat Rai, for respondent No.
Seth Haroon and Sons filed suit No.
12 A of 1936 for recovery of their dues by sale of the mortgaged house.
On December 28, 1940, a decree was passed in the suit by the Additional District Judge.
The Hindu undivided family of Jethamal Ramkaran mortgaged a house belonging to it to Seth Haroon and Sons to secure repayment of Rs.
40,000 due at the foot of an account.
The Judgment of the Court was delivered by Shah, J. Seth Haroon and Sons a firm had ten partners.
D. Sharma and S. P. Nayar, for respondent No.
The case was carried in appeal to the High Court of Nagpur.
An appeal was carried against the decree to this Court.
