P.C. Pandit, J. - (1.) THIS is a mortgagee's appeal against the final decree in a redemption suit.
(2.) ON 18 -9 -1948 one Gokal Chand mortgaged with possession the house in dispute with Jagan Nath for Rs. 5,000. In the registered mortgage -deed, Exhibit P. 2, it was stated that the interest on the mortgage money was Rs. -12/ - percent, per mensem and Whatever rent the mortgagee would receive, the same would he adjusted towards interest. Gokal Chand later on died and his sons, Paras Ram and Sada Ram, became the mortgagors in his place. It appears that Gokal Chand owed some money to the Punjab Government and since he could not pay the same, they attached the house in dispute and auctioned it. It was purchased by Maru Singh in March 1956 for Rs. 1,910. In August 1956 he filed the present suit against the mortgagee for possession of the house by redemption. On an objection being raised by the mortgagee that the legal representatives of the original mortgagor should also have been impleaded as parties to the suit, Paras Ram and Sada (sic) of Gekal Chand, were impleaded as Defendants 2 and 3. The suit was contested by the mortgagee, inter alia, on the grounds that the Plaintiff had no locus standi to file the present suit and according to the terms of the mortgage -deed, interest was fixed at Rs. 9 per cent, per annum and the rent actually realised was to be credited in the interest account. It was also stated that the mortgagee had incurred certain expenses in litigation in ejecting the mortgagor, Gokal Chand, from the house in dispute and in defending the suit filed by the legal representatives of Gokal Chand, after his death. These expenses also the mortgagee was entitled to get from the mortgagor, if redemption was to be allowed.
(3.) THE Senior Subordinate Judge, Rohtak, held that the Plaintiff had a right to file the suit and Jagan Nath, Defendant No. 1, was entitled to the costs of defending the suit filed by the sons of Gokal Chand and recover the costs incurred by him in ejecting Gokal Chand from the house in dispute. A preliminary decree was, consequently, passed on 28 -8 -1957 for possession of the house by redemption.;