NARHARILAL KUBERDAS PATEL Vs. MANILAL BHOGILAL

JUDGEMENT

(1.) This second appeal is filed by the original defendants 1 to 4. The respondents-original plaintiffs filed a suit and a decree was passed in their favour and the defendants were ordered to pay Rs. 6 0 and odd to the plaintiffs. Certain instalments were also awarded. It was further decreed that the decree was to be executed only against the suit property and not any other property belonging to the deceased in the hands of the defendants.

(2.) In the plaint it was mentioned that the suit property was the subject matter of a charge as security for money.

(3.) In appeal the learned appellate Judge thought that the suit was for the sale of the property charged and that therefore a preliminary decree should be passed. He therefore held that in a suit where a preliminary decree is to be passed for the sale of the property charged no instalments can be granted. He therefore set aside the order relating to instalments. He also awarded interest from the date of the suit till the date of realization at the rate of 3 per cent. per annum.