BAWA TIRATH SINGH Vs. PREM NATH

JUDGEMENT

(1.) By judgment dated 16-12-1960 of the Court below, the plaintiff-mortgagors were granted a preliminary decree for possession of the property in suit by redemption on Payment of Rs. 8,200/- on or before 18-4-1961 and on the payment of this amount the defendant-mortgagees had to deliver the possession of the suit land to the plaintiffs. The defendant-mortgagees have filed an appeal against this preliminary decree in this Court praying that the suit should be decreed only on payment of a further sum of Rs. 3560/-due as additional interest.

(2.) In this appeal, the present application under Order XLI, Rule 5, and Section 151 of the Civil Procedure Code has been filed by the appellants, in which they have prayed that the mortgaged land be not delivered to the plaintiffs till the decision of the appeal

(3.) On this application notice was issued to the plaintiffs, who have opposed this application and have stated that they have already deposited the amount of Rs. 8,200/- on 7-3-1961 and were therefore entitled to get possession of the suit land from the defendants.