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PETITIONER: MAHANT RAMDHAN PURI
Vs.
RESPONDENT: BANKEY BIHARI SARAN & OTHERS
DATE OF JUDGMENT: 23/05/1958
BENCH: SUBBARAO, K. BENCH: SUBBARAO, K. GAJENDRAGADKAR, P.B. SARKAR, A.K. BOSE, VIVIAN
CITATION: 1958 AIR 941 1959 SCR 1085
ACT: Deed, construction of-Mortgage or lease-Accounts-Mortgagee, if bound to render account--Transfer of Property Act (IV of 1882), ss. 76 and 77.
HEADNOTE: D executed a document in favour of M hypothecating an eight annas share in a village for the purpose of discharging a debt of Rs. 29,496 payable by him to Al. In respect of this property there was a pre-existing think in favour of j for a period of 9 years, under which D took Rs. 2,205 as peshgi money without interest and the annual rent was fixed at RS. 2,205. The document provided that (i) interest at 1/2 per cent. per month was payable on the sum Of Rs. 29,496 ; (ii) (luring the subsistence of the thika M would receive the rent from j and appropriate Rs. 1,769-12-o towards interest and pay Rs. 435-4-o as rent to D ; (iii) after the expiry of the thika M would take physical possession of the land and appropriate the produce towards interest and Pay Rs. 435-4-o as rent to D; (iv) on the expiry of the thika M would repay the peshgi amount of Rs. 2,205 to j and this sum was added to principal amount due ; (v) on the expiry of 15 years, or after the extended period...