TARA CHAND Vs. GANGA RAM

JUDGEMENT

(1.) This is a very old case in our courts. Its history dates back to 1928. For the last 40 years the mortgagees were trying to realise the sum secured to them under a mortgage transaction. Now the auction purchaser has appeared on the scene. He claims possession. At present the case is in its execution stage. But one does not know when it will end.

(2.) On February 6, 1928 Ganga Ram, defendant No. 1, mortgaged certain immovable property with possession in favour of the plaintiffs (1) Ram Chand (2) Bengali Mal (3) Sham Lal and (4) Chote Lal for a consideration of Rs. 80,000. The mortgagor executed a deed of lease in favour of the mortgagees, the rent being fixed Rs. 650 per month. On March 13, 1928 a further deed of mortgage for the sum of Rs. 25,000 was executed by the mortgagor in favour of the same mortgagees. There was a third deed of mortgage for Rs. 45,000 executed on July 19, 1928, the secured property being the same together with a house not included in the first two mortgagee. A deed of lease was also executed by the mortgagor in favour of the mortgagees with respect to this additional house, the rent being fixed at Rs. 32 p.m. In the mortgages were included terms as regards interest and interest in default.

(3.) On December 23, 1930 the mortgagees sued Ganga Ram, their mortgagor on the mortgages. On February 27, 1931, a compromise was arranged between the mortgagees and the mortgagor. But it could not be acted upon as a subsequent mortgagee who was defendant No. 2 (Bala Pershad Alopi Pershad) to the suit did not agree. But on April 29, 1931, an ex-parte decree was granted to the mortgagees. At the instance of defendant No. 2 the ex-parte decree was set aside on June 27, 1932. Ultimately, the subordinate judge granted the mortgagees a preliminary decree for Rs. 2,55,839-4-0 with costs and future interest at 9 per cent p.a. to be realised by sale of the mortgaged property under O. 34 rule 4, Code of Civil Procedure.