L.S. MEHTA, J.—This appeal emerges out of the judgment of learned Senior Civil Judge, Kishangarh, dated September 8, 1959

2. The Chamber of Commerce Ltd. Madanganj, Kishangarh, filed a suit in the court of Senior Civil Judge, Kishangarh, on November 15, 1956. Thereafter certain amendments were made in the plaint. The final plaint is dated February 26, 1958. The averments in the plaint are that one Kishan Gopal deceased mortgaged his house, situated in Mgdanganj, Kishangarh, with the plaintiff. The details of the property are given in para No. 2 of the plaint. The property was mortgaged on January 15, 1945, for a sura of Rs 25,000/-, with interest at the rate of annas seven per cent per month. The same property was again mortgaged with the plaintiff for an additional sum of Rs. 2,000/-, on April 23, 1945, at the above rate of interest. Thereafter Kishan Gopal died. Defendant No. 1 Shri Narayan is the minor son of the deceased. Defendant No. 2. Smt. Kailash Kanwar is his widow. They being the heirs and legal representatives of the deceased mortgagor are, according to the plaintiff, liable to make payment of the mortgage amount. Defendant No. 3 was the prior mortgagee of the property.

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