MANOHAR PERSHAD, MOHAMMED AHMED ANSARI
Seth Harak Chandas – Appellant
Versus
Hyderabad State Bank, Hyderabad – Respondent
( 1 ) THE judgment-debtor is the appellant. His appeal arises out of execution proceedings started by, the respondent herein. The plaintiff-respondent on the basis of a mortgage filed a suit for recovery of the mortgage amount. In that suit, a compromise was effected between the appellant and the respondent. The relevant terms of the compromise were ; "1. The defendant do pay to the plaintiff a sum of Rs. O. S. 1,01,566-2-4 and full costs of this suit together with interest at 6 per cent and 1/2 per cent per annum compoundable quarterly on both sums from date of suit till date of payment.
( 2 ) THE said sum shall be paid by the defendant to the plaintiff in six monthly installments of I. G. Rs. 22,000. 00 and the first of such installments shall become payable on the 12th day of November 1953 and thereafter on the following dates namely 12/05/1954 and 12/11/1954 and the whole of the balance due under the decree on or before 12/05/1955.
( 3 ) AS the properties already mortgaged are said to be not sufficient security the defendant has this day mortgaged by way of further security his building Nos. 7-5-41 to 7-5-41/4 situated at Nizamabad as per registered deed of mortgage
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