KASHI PERSHAD SINGH Vs. JAMUNA PERSHAD SAHU

JUDGEMENT

(1.) These are appeals against orders of the Subordinate Judge of Monghyr, passed in an execution case. The decree, which it is now being endeavoured to execute, is dated the 26th June 1900. It was passed on a compromise. The present objectors had mortgaged certain property to the opposite party and borrowed from him Rs. 3,25,000 and there was a clause in the mortgage bond providing that, if the interest was not paid for three consecutive years, the creditors would be at liberty, to institute a suit for the interest only and recover it by sale of the mortgaged property, subject to the charge for the principal money. The opposite party sued under this clause for interest amounting to Rs. 176,779 and a decree was given on a compromise between the parties to the effect that the decretal amount was to be paid within two years time and in default was to be realized by sale of the mortgaged property, subject to the remaining charge under the mortgage bond. The decretal amount was not paid within the two years. The decree-holder accordingly applied for the sale of the mortgaged property. The judgment-debtors objected. The Subordinate Judge overruled their objections and they now appeal to us.

(2.) In appeal No. 9 of 1903, they appeal against an order of the 18 December 1902, directing under Section 287, Clause (e), Civil Procedure Code, that the estimated income from the property about to be sold should be entered in the, sale proclamation at Rs. 21,400, and that the estimated value of the property should be entered as at 10 times this estimated annual income.

(3.) In appeal No. 443 of 1902, the judgment-debtors appeal: (1) against an order of the Subordinate Judge, estimating the value of the property at this amount and (2) against his further order overruling the judgment-debtors objection that the execution could not proceed at all.