Privy Council Court November 1926 Judgments

Dewan Bahadur Panaganti Ramarayanimgar Vs. Maharaja of Venkatagiri and ...

Court: Privy Council

Lord Sinha J. [1] This is an appeal against a decree of the High Court of Madras, dated the 19th of April, 1920, varying a decree of the Subordinate Judge of North Arcot, dated the 31st March, 1917, made in a suit filed in that Court on the 21st December, 1915. [2] That suit arose out of a transaction between the Raja of Kalahasti and the Raja of Tuni, which was embodied in Ex. A and Exhibit I in the case. [3] Ex. A purports to be a deed of "mortgage with possession" of immovable properties described in Schs. A, B, C and D (hereafter called the A, B, C and D properties) for a sum of 11 lakhs of rupees, with interest at 10 annas per cent, per month, to be recovered from the rents and profits. The mortgagor was to have liberty to pay off the mortgage money at the end of four years, with option to defer payment for a further period of two years. If the money was not paid on the 13th of March, 1915, the entire amount then due was to carry interest at 1 per cent, per mensem--10 annas from t...