RABINDRA NARAIN LALL Vs. NIRMALA SINHA

JUDGEMENT

(1.) This appeal by Sri Rabindra Narain Lall under Section 47 of the Civil P. C. (hereinafter referred as 'the Code') is directed against the order dated 30-6-1973 passed in Miscellaneous Case No. 7 of 1974 arising out of Execution Case No. 2 of 1973 of a mortgage decree in favour of the respondents who are decree-holders.

(2.) The appellant is one of the Judgment debtors. The relationship of appellant and the respondents would be apparent from the following genealogical table: <FRM>JUDGEMENT_162_AIR(PAT)_1978Html1.htm</FRM>

(3.) On 21st of Sept. 1955 Aditya Lall executed a mortgage for conditional sale in respect of his residential house at Kadam Kuan, Mohalla Kadam Kuan in the town of Patna in favour of respondents 1 and 2, but possession of the house was not given to the mortgagees. Six years was the time limit of the payment of principal amount of Rs. 25,000/- with interest at 41/2% from the date of the advance to the date of the payment. Shri Aditya Narain Lall died on 25th of Sept. 1959. Thereafter respondents 1 and 2 instituted a mortgage suit No. 97 of 1974 before the Additional Subordinate Judge II Patna, claiming following reliefs:-- i) That a preliminary mortgage decree for a sum of Rs. 23,416.33 paise be passed in favour of the plaintiff and against the defendants and the defendants be directed to pay the said amount to the plaintiffs by an appointed date to be fixed by the Court and if the defendants fail to pay the same, a decree for foreclosure in respect of the 2/3rd share of the property mentioned in para 2 Clause (vi) of the plaint be passed in favour of the plaintiffs and delivery of possession over the said shares be given to the plaintiffs through the process of the Court by dispossessing the defendants from the same, ii) That costs of the suit with interest pendente lite and future interest be awarded to the plaintiffs against the defendants. iii) That such other relief or reliefs to which the plaintiffs be deemed entitled in the eye of law, be also granted in favour of the plaintiffs against the defendants. Account of claim Proportionate share of the defendants in the mortgage debt .... ... ... Rs. 16666.33 N. P, Interest from 21-9-1955 to date Rs. 4% per annum ... ... ... ... Rs. 6750.00 N. P. Grand Total Rs. 23416.33 N. P.