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Madappa Hegde Vs. Ramkrishna Narayan Bhat - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1911)13BOMLR698
AppellantMadappa Hegde
RespondentRamkrishna Narayan Bhat
DispositionAppeal allowed
Excerpt:
.....raised in defence, and the first court after considering fourteen issues substantially decreed the suit. but on appeal, the high court dismissed it on the ground that upon a proper construction of the mortgage bond there was no personal covenant on the part of the mortgagor to pay interest from year to year, and that, therefore, the plaintiffs were not entitled to bring the suit:;reversing the high court, that there was a covenant in the mortgage bond to pay interest from year to year, and that the case should be remanded to the high court so that the other issues might be dealt with. - macnaghten, j.1. their lordships are of opinion that the judgment of the high court is erroneous. the learned judges must have been misled by some erroneous translation, because on a certified translation before their lordships nothing can be clearer than that there is a covenant to pay interest from year to year.2 their lordships will therefore humbly advise his majesty that the appeal should be allowed and the order on appeal reversed, and that the case should go back to the high court so that the other issues may be dealt with.3. as regards costs the appellants are entitled to them here and in the high court. the costs in the lower court will abide the event of the further hearing in the high court.
Judgment:

Macnaghten, J.

1. Their Lordships are of opinion that the judgment of the High Court is erroneous. The learned Judges must have been misled by some erroneous translation, because on a certified translation before their Lordships nothing can be clearer than that there is a covenant to pay interest from year to year.

2 Their Lordships will therefore humbly advise His Majesty that the appeal should be allowed and the order on appeal reversed, and that the case should go back to the High Court so that the other issues may be dealt with.

3. As regards costs the appellants are entitled to them here and in the High Court. The costs in the lower Court will abide the event of the further hearing in the High Court.


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