R.P.Mookerjee, J. - (1.) The plaintiff-respondent Bank advanced Rupees thirty thousand to the appellant on the security of certain properties and a running business under the name and style of Jaysree Glass Works. One of the terms stipulated was that the interest would be paid monthly and the entire principal would be repaid within one year. Liberty was given in the mortgage bond to the mortgagee entering into possession of the mortgaged properties in default of any one of the several conditions mentioned in that deed. The mortgage bond was executed on 27-6-1946. The mortgagee entered into possession on 2-7-1947, on the expiry of the period of one year as mentioned in the bond.
(2.) The plaintiff brought this suit on 20-2-1948, for enforcing the mortgage. On behalf of the defendant various objections were raised but in the present appeal only one point has been urged. It is contended that as the mortgagee has entered into possession, he is liable to render accounts and no final decree can be passed and the amount payable under the mortgage determined until such account have been taken. In the plaint it has been alleged that the defendant had ceased to run the business and had closed the factory before the plaintiff Bank took possession. The defendant, .however, contested this allegation and attempted to prove that possession had been taker by the plaintiff when the factory was actually working and that the factory was worked even thereafter for some months.
(3.) The learned Subordinate Judge came to the conclusion on the evidence on the record that the factory was not worked after the mortgagee had taken nosscssion. For the reasons given in the judgment the learned Judge refused to direct the plaintiff to render accounts and a preliminary decree for the amount claimed was passed.;