S.B.Sinha, J. - (1.) The only question which arises for consideration is as to whether the learned trial Judge was correct in granting a pendente lite and future Interest @ 12% per annum.
(2.) The appellant filed the aforementioned suit claiming inter alia, the following reliefs :- "(a) Decree for Rs. 1,28,620.57p. against the defendant jointly and severally; (b) Interest from March 1, 1988 till filing of the suit interim interest and interest on Judgment at 18 percent per annum; (c) Declaration that the suit properties mentioned in annexure 'K' hereof remain mortgaged with the plaintiff as security for payment of the plaintiff's claims herein; (d) Decree under Order 34 Rule 4 of the Code of Civil Procedure 1908 in from 5A of appendix 'D' to the first schedule thereof or in any other form or provisions of law as to this Hon'ble Court may seem fit and proper in respect of the mortgaged properties mentioned in annexure 'K' hereof;"
(3.) The Defendant Trust was owner of a Land. The Defendant Trust wanted some advances for construction of building so that the same be given in tenancy to the appellant. A term agreement of loan was entered into by the parties.;