BALWANT SINGH WALIA Vs. MAYA DEVI

JUDGEMENT

(1.) This judgment will dispose of two Letters Patent Appeal Nos. 304 (Balwant Singh Walia v. Smt. Maya Devi) and 310 of 1976 (Balwant Singh Walia v. Smt. Maya Devi etc.) which are directed against the same judgment of the learned Single Judge dated March 24, 1976, whereby the two cross appeals (R.S.As. Nos. 1705 of 1965 and 31 of 1966) were disposed of.

(2.) The suit giving rise to these appeals was filed by the respondents for redemption of the suit property which had been mortgaged vide registered mortgage deed dated October 11, 1960, for a sum of Rs. 4,000/-. The said property was alleged to be on lease with the appellant on a monthly rent of Rs. 70/- and reduction of Rs. 2,520/- was claimed in the mortgage amount on account of arrears of rent.

(3.) The appellant contested the suit and pleaded that the rent of the said property claimed that according to the terms of the mortgage-deed the respondents were liable to pay the amount of the taxes and also the expenses of constructions made by him together with interest at the rate of 7-1/2 per cent. The redemption of the property in dispute, according to the written-statement, could be claimed only on payment of Rs. 10,799.42 paise.