KISHORI LAL Vs. SITAL PARSHAD

JUDGEMENT

(1.) THE facts giving rise to this appeal are as under: (2) On 25-11-1947, Sital Parshad and Baij Nath, respondents, mortgaged their house with Ki-shori Lal appellant for a sum of Rs. 28,000/ -. On 16-1-1951, Kishori Lal filed a suit for safe of the mortgaged property. On 13-3-1952, a preliminary decree was passed in the said suit, declaring that the amount due to the plaintiff was : principal. . . . . . . . . Rs. 28,000-0-0 interest till the date of the suit Rs. 2,655-0-0 costs of the suit. . . . . . Rs. 2,142-8-0 Total. . . Rs. 32,797-8-0 the decree further provided that the plaintiff was entitled to future interest on the principal sum of Rs. 28. 000/- from the date of the decree till realisation. The judgment-debtors were given time to pay the amount referred to above by 10-101952, failing which the property was liable to be sold. The judgment-debtors did not pay the amount within the time allowed in the preliminary decree with the result that an application for passing of the final decree was made on 20-2-1954, and this decree was passed on 16-8-1954. The relevant portion of the above decree is as under :

(2.) INTEREST;

(3.) FUTURE interest till the date of realisation; and