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1958 Supreme(Pat) 142

V.RAMASWAMI, KANHAIYA SINGH
Chand Bihari Gope – Appellant
Versus
Shyam Nandan Prasad Narain Singh – Respondent


Judgment

Kanhaiya Singh, J.

1. These six consolidated appeals from the judgments and orders of the Additional Subordinate Judges, Patna, dated the 4th January, 1951, and the 12th July, 1952, reversing in all cases the decisions of the learned Munsiffs of Patna, have been heard together, as common questions of law and fact are involved, and this judgment will govern them all.

2. It will be more convenient to deal with Second Appeal 1166 of 1952 separately from the rest.

SECOND APPEAL 1166 of 1952.

3. This appeal arises out of a suit instituted by the plaintiffs mortgagees for recovery of the mortgage money under Sec. 68(1)(b) of the Transfer of Property Act on the ground that the security has been rendered insufficient without any wrongful act or default on the part of either the mortgagors or the mortgagees and that the mortgagors defendants were given reasonable opportunity of making up the deficiency in the security and had failed to do so. The facts admitted and proved by evidence, about which there K now no controversy, are these. The defendants first party executed a mortgage bond dated 29-9-1926 in favour of the plaintiffs in respect of Rs. 2250 hypothecating their milkiat sha







































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