LALA BABU RAM Vs. GANGA DEVI

JUDGEMENT

(1.) This is a plaintiffs' appeal arising out of a suit for sale on foot o simple mortgage bond dated 13-4-1931 executed by Sawant Singh and others in favour of Babu Ram and Nannumal, plaintiffs, for a sum of Rs. 26,000/- repayable with interest by means of instalments within twenty years. The bond provided that in case of default in payment of any three instalments, the mortgages shall have the right to realise the entire amount of principal and interest in a lump sum. The property that was mortgaged was zamindari property. The plaintiffs alleged that a sum of Rs. 1250/- alone was repaid and the balance of Rs. 30,000/- was due and legally recoverable, interest having been worked out at 4 1/2 per cent per annum on the unpaid balance.

(2.) The suit was resisted on a variety of grounds; and all the pleas except, which were raised by the defendants were decided by the court below against them. The court below left Issue No. 9 undetermined, holding that that issue, which relates to the question as to whether the hypothecated property can be put to auction sale or not, may be determined in the Execution department. The court below decided Issue No. 12 alone against the plaintiff's and upon that decision dismissed the suit with costs.

(3.) The sole question which has been argued before us is that the decision of the lower court on Issue No. 12 is incorrect, and it has been urged that the suit ought to have been decreed.