GIRDHARI SINGH Vs. MAHILA TARA BAI

JUDGEMENT

(1.) THIS is plaintiff -sub -mortgagee's appeal from the decree dated 17 -8 -1974of the Additional District Judge, Guna in Civil Appeal No. 1 -A/1973.

(2.) THE aforementioned first appeal was filed by the mortgagors (respon -dents 1 to 3) from the preliminary decree for sale of their fields, passed by the First Civil Judge Class -I, Guna on 31 -1 -1970 against them as well as the mortgagees, present respondent no. 4 Minadevi and her husband Kunjbehari Lal (since deceased); for recovery of seven thousand rupees. The learned Additional District Judge allowed the appeal and dismissed the sub -mortgagee's suit so far as the mortgagors are concerned, maintaining the decree as against the mortgagees.

(3.) ADMITTEDLY , respondent no. 1 Tarabai and her sons mortgaged their agricultural lands with the aforesaid mortgagees by a registered mortgage deed dated 13 -7 -1966 in consideration of nine thousand rupees. The mortgage money was to be repaid in five yearly instalments, falling on 30th May of the years 1967 to 1971. There was a clause providing for mortgagors' liability to pay the entire amount due at once on making any default in paying these instalments.