Tanti. On 25th May, 1922,
Siban Tanti alone executed a
176
simple mortgage in favour of the second defendant for Rs.
25. Then ... first
defendant for Rs. 250. This was also a simple mortgage.
After this came the transaction in suit dated 15th April,
1930. The same three
recover a sum of Rs. 11,935 by enforcement of a simple
mortgage bond. The mortgage deed is dated the 8th of March
suit, commenced by the plaintiffs respondents, for
enforcement of a simple mortgage bond, by sale of the mort-
gaged property. The trial Judge, while deciding ... March, 1940,
and if it could be treated as a mortgage suit pure and
simple for enforcement of a charge on immovable property,
the suit
annas odd by enforcement of a simple mortgage bond.
The mortgage bond is dated 28th September, 1930, and it was
executed by defendant ... interest at 7 1/2 % simple. We consider it proper that
the mortgage money payable to the plaintiff should carry
interest at the rate
first of these cases, the plaintiff was an assignee of a simple mortgage dated 17th February 1888. This mortgage was subsequent to earlier mortgages ... united in the defendant.
9. It is true that in a simple mortgage it is the mortgagor who is entitled to realize rents from
property which is the subject-matter of the mortgage without the concurrence of the mortgagee : vide Wazir Ali v. Moti Chand ... that a, simple mortgage in India unlike a legal mortgage in England does not arrest the mortgagor's power of lease in the ordinary
compensation money payable to
such intermediary under Chapter III.
(g) (i) Every mortgage with possession existing on any estate or part of an
estate ... simple mortgage;
(ii) notwithstanding anything contained in the mortgage deed or any other
agreement, the amount declared due on a simple mortgage substituted under
mortgage money was paid after the decree was obtained by the earlier mortgagee no suit could be brought on the original mortgage is a question ... zeripeshgi deed, dated 20th November 1874, and the latest under a simple mortgage bond, dated 17th February
decrees that may be passed in a suit to enfore a simple mortgage bond. The first and the principal decree in such suit is undoubtedly ... purpose of recovering the balance of his dues. A simple mortgage, as its definition shows, consists of two parts. In the first place there
mixed or anomalous mortgage. It gave the mortgagee not only the rights of the usufructuary mortgagee but those of a. simple mortgagee as well ... latter part purports to introduce certain elements of a simple mortgage and allows the mortgagee to demand the money after the due date
