SMT. MONORAMA SINGH Vs. SMT. BENODINI DEVI AND OTHERS

JUDGEMENT

(1.) THIS second appeal arises out of a mortgage suit. Sm. Benodini Devi brought suit no. 12 of 1359 T.E. against the present appellant on the basis of mortgage -deed dated 18th Baisakh 1357 T.E. According to the mortgagee a sum of Rs. 495/ - had been advanced to the present appellant at 5 per cent per mensem by means of the mortgage deed referred to above and as the mortgagor failed to pay the mortgage dues in spite of repeated demands, the present suit was instituted on 27th Chaitra 1358 T.E. for recovery of Rs. 990/ -.

(2.) THE defendant appellant denied the execution of the mortgage and it was contended that the mortgage deed in question was not executed at all and if the mortgagee somehow got the defendant's signature on it they were obtained by fraud. The defendant had further contended that she was not in need of money and she had herself deposited her Rs. 600/ - with the plaintiff for purchasing some landed property. The defendant's husband was stated to be suffering from T.B. at that time and so he could not possibly become an attesting witness to the mortgage -deed in question. Lastly it had been contended that the interest charged by plaintiff was very excessive.

(3.) (After reviewing the evidence on behalf of the defendant, the judgment proceeded;) I am, therefore, of opinion that the plaintiff had duly proved her claim as against the appellant and the mortgage deed in question was proved to have been duly executed and attested and it has also been proved to be for consideration.