Kolkata Court February 1904 Judgments

Kashi Pershad Singh Vs. Jamuna Pershad Sahu

Court: Kolkata

Reported in: (1904)ILR31Cal922

Rampini and Geidt, JJ.1. These are appeals against orders of the Subordinate Judge of Monghyr, passed in an execution case. The decree, which it is now being endeavoured to execute, is dated the 26th June 1900. It was passed on a compromise. The present objectors had mortgaged certain property to the opposite party and borrowed from him Rs. 3,25,000 and there was a clause in the mortgage bond providing that, if the interest was not paid for three consecutive years, the creditors would be at liberty, to institute a suit for the interest only and recover it by sale of the mortgaged property, subject to the charge for the principal money. The opposite party sued under this clause for interest amounting to Rs. 176,779 and a decree was given on a compromise between the parties to the effect that the decretal amount was to be paid within two years time and in default was to be realized by sale of the mortgaged property, subject to the remaining charge under the mortgage bond. The decretal am...