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1984 Supreme(Guj) 119

M.B.SHAH, N.H.BHATT
LILABEN RAMNIKLAL – Appellant
Versus
VITHALDAS TULSIDAS – Respondent


Advocates Appeared: H.K.GANDHI, R.A.MISHRA

N. H. BHATT, J.

( 1 ) THIS is an appeal preferred by the original defendants of the Special Civil Suit No. 70 of 1974 decreed against them by the learned Civil Judge (S. D.) Rajkot who by his judgment and decree directed these appellants-defendants to deposit with the court on or before 30-6-75 Rs. 2 76 309. 97 along with interest on this amount at the rate of 12 % per annum from the date of the suit till the date of the decree and interest at the rate of 6% per annum on the decretal amount from 31-12-1975 (the date of the judgment) till 31 or any prior date of the deposit if any. The learned Judge further ordered that if the defendants failed to deposit money as ordered the mortgaged property would be sold and the proceeds would be applied towards the payment of the debt as said above. The learned Judge also stated that the plaintiffs were entitled to interest at 6% per annum till the date of realisation of the money subsequent to the above dates. The defendants were also saddled with the costs of the suit of the plaintiff.

( 2 ) THE plaintiffs had filed the afore-said suit to recover the aforesaid amount by the sale of the mortgaged property. The mortgage deed is to be found at E












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