SHAKUNTALA DEVI Vs. R K MEHRA

JUDGEMENT

(1.) This case has been heard elaborately at the stage of admission after notice, and is being disposed of. The case has had a "chequered career" as mentioned by the learned Single Judge inasmuch as the suit out of which these proceedings arise was filed in 1959.

(2.) The appellants are the legal representatives of the original mortgagor, one Bhagmal Jain. He mortgaged the property on 19.9.1958 to Shri Bal Kishan Dass (whose legal representatives "are respondents 1 to 9). The mortgagee filed a suit on 18.7.1959 for recovery of the amount due under the mortgage by sale of the property. During the pendency of the suit, the mortgagor died inSeptember,1961 and the appellants were brought on record as his legal representatives.

(3.) On 29.6.1963 the trial court passed a preliminary decree in favour of the mortgagee. The decree was in the sum of Rs. 99,000.00 and odd with interest.