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1961 Supreme(SC) 221

T.L.VENKATARAMA AYYAR, P.B.GAJENDRAGADKAR, K.C.DAS GUPTA, K.N.WANCHOO
Rana Sheo Ambar Singh – Appellant
Versus
Allahabad Bank – Respondent


Advocates:
B.N.CHOBE, C.B.AGARWAL, C.P.LAL, D.N.MUKHERJI, IQBAL AHMED, N.C.CHATTERJI, SHANKAR PRASAD PAL

Judgment

WANCHOO, J. : This is an appeal on a certificate granted by the Allahabad High Court. The brief facts necessary for present purposes are these. The appellant s father Rana Umanath Bakshsingh was the Talukdar of Khajurgaon. On July 13, 1914, Rana Umanath Bakshsingh executed a simple mortgage in favour of the Allahabad Bank Limited (hereinafter called the respondent). The mortgage was for a sum of Rs. 6,00,000/- and the property mortgaged consisted of sixty-seven villages. In may, 1924, the respondent filed a suit for the recovery of balance of the unpaid mortgage money by the sale of the mortgaged property. In January, 1925, a preliminary decree for the recovery of rupees four lacs and odd was passed, which was made final in July, 1926, and directed the sale of the mortgaged property, namely, the proprietary rights of Rana Umanath Bakshsingh in the sixty-seven villages. The followed execution applications with which we are nor concerned. In 1934, the U. P. Agriculturists Relief Act was passed and thereupon an application was made by the judgment-debtor for the amendment of the decree under that Act. On October 19, 1936, the decree was amended under the provisions of that Ac































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