GOPAL FATEH SINGH Vs. SIS RAM

JUDGEMENT

(1.) This appeal arises out of a suit for possession of a single storyed house situate in the abadi of Narela instituted by the plaintiffs on 10 April 1944 on the allegations that defendants 1 and 2 had mortgaged the house with the plaintiffs and father of defendants 3 to 5 on 30 August 1926 for a consideration of Rs. 1000 carrying interest at the rate of Rs. 1-9-0 per cent, per mensem on the condition that if the principal and interest were not paid within five years the house shall be deemed to have been sold to the mortgagees. The plaintiffs further alleged that the father of defendants 3 to 5 had died and as a result of partition between the parties the rights under the mortgage had been allotted to the plaintiffs.

(2.) The case of the plaintiffs was that a notice was sent to the defendants on 17th October 1931 and that notwithstanding that notice the mortgage debt had not been paid, Thereupon, on 26 February 1932 the mortgagees made an application in the Court of the District Judge, Delhi, under Section 8 of Regn. XVII

(17.) of 1806 and in spite of the fact that a copy of the application made under Section 8 of the Regulation had been furnished to the defendants and the District Judge had notified to the defendants by a parwana under his seal and official signature that if they shall not redeem the property mortgaged in the manner provided for by Section 7 of the Regulation the mortgage will be finally foreclosed and the conditional sale will become conclusive, the mortgage debt had remained unsatisfied.