LAL NARSINGH PARTAN BAHADUR SINGH Vs. MAHOMMAD YAKUB KHAN
LAWS(BOM)-1929-3-16
HIGH COURT OF BOMBAY
Decided on March 15,1929

LAL NARSINGH PARTAN BAHADUR SINGH Appellant
VERSUS
MAHOMMAD YAKUB KHAN Respondents

JUDGEMENT

- (1.) This is an appeal by the plaintiff in the suit from a decree dated October 26, 1926, of the Chief Court of Oudh which varied a decree dated August 13, 1925, of the Court of the Subordinate Judge at Rae Bareli.
(2.) On April 8, 1923, a mortgage, which was duly registered, was executed by the first two defendants in favour of the third defendant to secure an advance of Rs. 30,000 carrying interest at rate of five annas and one pie per cent, per month.
(3.) By Clause 2 of this mortgage it was stated that an eight annas share in certain villages bad been hypothecated in lieu of the principal mortgage money and interest and in order to pay the Lord Tomlin annual interest on the mortgage money possession over the hypothecated property had been delivered to the mortgagee, who, after paying the revenue, should appropriate the surplus profits to the extent of the annual interest.;


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