RADHASOAMI SATSANG SABHA Vs. HANSKUMAR KISHANCHAND

JUDGEMENT

(1.) THE judgment in this appeal shall also govern the judgment in first appeal No. 56 of 1953.

(2.) THE facts of the case relevant for the purpose of the appeals may shortly be stated as follows.

(3.) THE plaintiff-appellant, Radhasoami Sat-sang Sabha, Dayalbagh, Agra, filed a suit against the defendant-respondent, Hanskumar, for the realisation of Rs. 21,949/1/6/-, which was the balance due on a mortgage dated 21st October, 1939 executed by the defendant Hanskumar in favour of the plaintiff Sabha, by sale of the mortgage security. The claim on the mortgage was negatived, though the suit was decreed by passing a money decree in the sum of Rs. 16,612/9/- only with future interest at 4 per cent per annum from the date o the decree till realization in favour of the plaintiff Sabha. Both the sides have appealed against the said judgment and decree. The plaintiff's appeal is first appeal No. 105 of 1953, while the defendant's appeal is first appeal No. 56 of 1953.