RAKHADOO Vs. NARAYAN

JUDGEMENT

(1.) THIS appeal arises out of Miscellaneous Judicial Case No, 72 of 1955 of the Court of Civil Judge, Class II, Balaghat.

(2.) THE appellant had sued the respondents for redemption of a mortgage. A consent decree was ultimately passed in these terms: - -

(3.) AFTER making the deposit, the appellant made an application to the executing Court for possession of the mortgage fields. The respondents filed an objection on the ground that the amount was not deposited on the due date. The executing Court overruled the objection and delivered the fields to the appellant. The lower appeal Court, however, allowed the objection.