MOTILAL Vs. UJIAR SINGH

JUDGEMENT

(1.) This action, in which the appellants are the plaintiffs, was brought for foreclosure of a mortgage dated March 6, 1914, and executed by the respondents to secure payment of a sum of Rs. 9,305, with interest at the rate of seven annas per cent, per mensem (the equivalent of 5 5/8 per cent, per annum).

(2.) The due date for repayment under the mortgage was February 15, 1923, and on June 21, 1923, the sum of Rs. 10,165 being overdue, the appellants brought the present suit, claiming foreclosure in default of payment.

(3.) On August 24, 1923, the suit came before the Court of the Additional District Judge of Bilaspur, who by his judgment of 1928 that date states that "the defendants (respondents) admit the mortgage deed and entire claim, but they pray 1 or instalments." He held that the defendants had not proved that they were unable to pay and could not get instalments, and decreed full claim and costs and allowed six months for redemption. He further ordered that if such payment was not made on or before February 24, 1924, the defendants should be debarred of all right to redeem the property.