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1981 Supreme(Del) 251

AVADH BEHARI ROHATGI
LIFE INSURANCE CORPORATION OF INDIA – Appellant
Versus
SHAM SURAT SINGH – Respondent


Advocates Appeared:
G.N.AGGARWAL, H.D.TRIYOGI, Ravinder Sethi

( 1 ) THE angle question in this suit is regarding interest.

( 2 ) THE plaintiff, Life Insurance Corporation of India, on 28th May, 1971 brought a suit for the recovery of Rs. 3,56,291. 86 by sale of the mortagaged property against the borrowers on the foot of a mortgage dated 19th June, 1962. The plaintiff Corporation is the mortgagee. The defendants are the borrowers. The Corporation advanced a sum of Rs. 3,18,335. 67 to the borrowers. In terms of the mortgage deed the Corporation appointed a receiver of the mortgaged property to receive and recover rents, profits and income thereof under the provisions of the Transfer of Property Act, 1882. To begin with, the Zonal Managers were appointed receivers. Thereafter a committee of receivers was appointed by the court and then a sole receiver was appointed. After the death of the sole receiver some of the borrowers were appointed receivers to receive and recover rents, profits and income of the property.

( 3 ) THE real question for decision now is: What is the amount due to the Corporation on the foot of the mortgage ? The answer to this question will depend on another question. That question is whether the principle of damdupat as ena






























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