Law: Civil Procedure Code (V of 1908)

Section: O. XLI, r. 33

Civil Procedure Code (V of 1908), O. XLI, r. 33-- Plaintiffs-decree-holders not appealing against decree - Not precluded from questioning decree as respondents in appeal of defendant.   West Pakistan Usurious Loans Ordinance (XVIII of 1959), S. 4-Interest calculated a: rate not exceeding maximum rate-- No inference that transaction was not open to any other objection, e.g., that transaction was unfair.     JUDGMENT   SHABIR AHMAD, J.-On the 28th of August 1927, Muhammad Nur-ud-Din mortgaged some land and a house standing thereon, situated near the City of Gujranwala, to Munshi Haider Muhammad for a sum of Rs. 25,000 by a registered mortgage deed. The relevant terms of this deed were that in lieu of interest payable on Rs. 10.000, the mortgagee shall retain the income of the property and with regard to the remaining Rs. 15,000 the interest was payable at 1% per mensem. The first payment towards interest was to be made on the expiry of the first year of the mortgage and subsequently it was to be paid after every six months. The period of the mortgage was stated to be five years. On the 901 of October 1957, Mst. Jahangir Begum widow of Muhammad Nur-ud-Din, Mst. Wazir Begum and Mst. Khurshid Begum his daughters and Muhammad Jahangir his son, brought a suit against the successors-in-interest of the mortgagee for redemption of the mortgage. In the plaint it was said that the defendants had taken through the; income of the mortgaged property a lot more than was due for interest and a prayer was made that the plaintiffs be granted a decree for redemption of the mortgaged property and the defendants be directed to pay the plaintiffs the amount found due from the defendants on account of the money which they had realised from the income of the property over and above the interest. The defendants, who were four sons of the original mortgagee, resisted the suit mainly on the ground that the plaintiffs were not entitled to redeem the property without paying Rs. 25,000 which was the principal amount and interest on Rs. 15,000 from the date of the mortgage to the date of redemption Some pleas were also raised with regard to Mst. Wazir Begum and Mst.…