ISHAR NATH TOPA Vs. SURENDER SINGH AHLUWALIA

JUDGEMENT

(1.) This objection-petition has been filed by the successors-in-interest of Shri Surender Singh Ahluwalia, judgment-debtor.

(2.) A suit was filed against Shri Surender Singh Ahluwalia, Judgment-debtor, for the recovery of Rs. 30,423.50 paise on the basis of mortgage. It was alleged that the judgment-debtor had mortgaged a house on the basis of a registered mortgage deed dated the 14th March, 1947 for Rs. 25.000.00- which amount had been received by him in cash and had agreed to pay back the amount with interest. It was further alleged that the judgment-debtor had paid only a sum of Rs.150.00 towards interest and had paid nothing towards the principal. The mortgagees claimed to recover Rs. 30,423.50 paise principal and inerest, by the sale of the mortgaged property. The suit was contested by the judgment-debtor. He had raised various pleas.

(3.) The learned Subordinate Judge, who was seized of the suit, passed a preliminary decree in favour of the mortgagees for the recovery of Rs. 30,423 -50 paise with costs and future interest at the rate of Rs. 6 per cent per annum from the date of the suit till realisation. The judgment-debtor was given six months, time to pay the decretal amount. It was ordered that if he failed to do so, the mortgagees were entitled to apply for a final decree to realise the decretal amount by the sale of the mortgaged property.