P. B. MUKHERJI, J.

( 1 ) THIS is an application for final decree in a Mortgage Suit under Section 34 (1) (a) (ii), Bengal Money Lenders Act.

( 2 ) THE facts are simple.

( 3 ) ON 22-2-1951, the usual preliminary mortgage decree was passed in this suit declaring the applicant as the first mortgagee under the two Indentures of Mortgage dated 22-12-1941 and 22-12-1945 and the amounts due to the applicant for principal and interest up to the date of that decree were Rs. 58,450/-and Rs. 71,438-14-3 respectively on the two mortgages. The decree provided that the amounts due to the applicant for principal and interest and also costs awarded thereunder should be paid, in four equal annual instalments. It provided that in default of payment the applicant would be at liberty to apply for a final decree for sale. Default having taken place, the mortgagee now applies for the final decree, after having given notice to the mortgagors.

( 4 ) THE only point on behalf of the respondents mortgagors is a short point about the notice mentioned under Section 34 (1) (a) (ii), Bengal Money-lenders Act.

( 5 ) MR. Sarkar appearing on behalf of the respondents argues that the application is not maintain

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