That mortgage which was for the sum of Rs.
As a result of this apportionment the respondents and the appellants were each held to be liable for the sum of Rs.
This suit was instituted on July 30, 1943.
18,500 and interest representing the loss they had sustained owing to the failure of the appellant or of his predecessors in interest to discharge the original mortgage of May 9, 1914.
14,307/9/6.
83 read with Art.
On February 4, 1937, a final mortgage decree was passed in their favour for a little over Rs.
Appeal from the judgment and decree dated January 23, 1959 ,of the Allahabad High Court in First Appeal No.
Subsequently a sale deed of half of this property which had been mortgaged was executed by the owners number represented by the plaintiff respondents on February 9, 1920, in favour of Shanti Saran, the first appellant and three others, the remaining appellants.
It was further provided in this order that the respondents would be liable to pay interest at 6 percent per annum on the amount due by them from August 1, 1933 uptil September 28, 1936, and thereafter at 41 per cent per annum.
13,500 was left with the purchasers for payment of the amount due to the mortgagees on account of principal and interest under the mortgage dated May 9, 1914.
The defendant appealed to the High Court.
16,000 out of which a sum of Rs.
139 of 1946.
The companysideration for the sale deed was a sum of Rs.
12,000.
26,000.
The Division Bench which heard the appeal in the first instance referred the question of limitation to a Full Bench of five Judges which held that the suit was governed by Art.
The trial companyrt over ruled the objection of the defendant and decreed the suit.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
20,803/4/3 was executed on February 25, 1943, and as a result the respondents had to deliver possession of this share of the property to the mortgagees.
Thereafter the respondents made an application under the U.P. Encumbered Estates Act, and by an order dated May 22, 1939, the Special Judge apportioned the liability for the mortgage debt between the respondents and the purchasers as owners of half the mortgaged property.
The purchasers entered into possession of the property companyveyed to them but neither they number the appellants made any payment to the mortgagees who in due companyrse brought a suit against the respondents for the recovery of the amount due to them under the mortgage.
The Collector subsequently took proceedings for liquidation of the debt and on January 30, 1943 the Collector directed the execution by the respondents of a self liquidating mortgage of three fourths.
The respondents thereafter filed the suit out of which this appeal arises for the recovery of the sum of Rs.
Some of the plaintiff respondents and the predecessor in interest of other plaintiff respondents owned lands in mahal Narain Singh village Khetalpur Sahruiya.
784 of 1964.
T. Desai, Sardar Bahadur and Arun B. Saharya, for respondents Nos.
C. Misra and P. K Ghose, for the appellant.
139 of 1946.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by certificate, from the judgment of the High Court of Allahabad dated January 23, 1959 in First Appeal No.
It was said that the breach of companytract should be deemed to have been companymitted in the year 1920 when the defendant appellant undertook to pay the money to the mortgagees and failed to do so within a reasonable time.
of the half share of the property of which they were the owners.
They executed a simple mortgage of this property on May 9, 1914 in favour of two persons Bansidhar and Khub Chand, for a sum of Rs.
