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Ali Ahmad and ors. Vs. Kalka Prasad - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1917All165(1); 37Ind.Cas.95
AppellantAli Ahmad and ors.
RespondentKalka Prasad
Excerpt:
mortgage - redemption--interest, covenant as to payment of, construction of. - - there it was expressly stipulated not only that the deficiency should be made good by the mortgagor, but that if it was not paid, it should be paid at the time of redemption......of rs. 200. it is contended in support of the decision of the court below that if there was a deficiency of profits, that is to say, when the profits did not reach rs. 48 the mortgagee was entitled to add this amount to the principal, and that the property could not be redeemed otherwise. the deed itself expressly says that the property can be redeemed upon payment of rs. 200. true it is that a personal liability was undertaken to pay year by year the deficiency in the profits. the decision of the privy council in jawahir singh v. someshwar dat 28 a. 225 : 10 c.w.n. 266 : 1 m.l.t. 66 : 3 c. l.j. 354 : 33 i.a. 42. relied upon by the respondent is distinguishable, as the document in that case was quite different. there it was expressly stipulated not only that the deficiency should be.....
Judgment:

1. We think that the plaintiff was entitled to redeem the mortgage upon payment of Rs. 200. It is contended in support of the decision of the Court below that if there was a deficiency of profits, that is to say, when the profits did not reach Rs. 48 the mortgagee was entitled to add this amount to the principal, and that the property could not be redeemed otherwise. The deed itself expressly says that the property can be redeemed upon payment of Rs. 200. True it is that a personal liability was undertaken to pay year by year the deficiency in the profits. The decision of the Privy Council in Jawahir Singh v. Someshwar Dat 28 A. 225 : 10 C.W.N. 266 : 1 M.L.T. 66 : 3 C. L.J. 354 : 33 I.A. 42. relied upon by the respondent is distinguishable, as the document in that case was quite different. There it was expressly stipulated not only that the deficiency should be made good by the mortgagor, but that if it was not paid, it should be paid at the time of redemption. We allow the appeal, set aside the decrees of both the Courts below and in lieu thereof decree the plaintiff's claim for redemption upon payment of Rs. 200. The money must be paid within three months from this date. If it is not paid within this time, the suit will stand dismissed with costs in all Courts. The appellants will have their costs in the Courts below and in this Court, provided the mortgage is redeemed.


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