CHHANGANI, J. —This first appeal by the defendant-mortgagor is directed against both a preliminary decree dated 23-7-1962 and a final decree dated 23.11.1962 passed in a suit for the realisation of mortgage-money by sale of the mortgaged property.

2. The plaintiff Gulabchand, now dead, and represented by respondents Kanhaiyalal and Ramdas, as also by Smt Kanta Kumari,instituted a suit in the Court of Senior Civil Judge, Jaipur City, on 9-5-1957, praying for a decree for an amount of Rs. 25,799/11/- and its realisation by sale of the mortgaged property. The plaintiffs case was that the defendant appellant mortgaged his property detailed in para 1 of the plaint on 6-5-1952 for an amount of Rs. 24,999/- and executed a mortgage deed and got it registered on 12-6 52. The defendant agreed to pay interest at Rs. 0/12/-per cent per month with six monthly rest. There was also an agreement to pay interest on the amount of interest in case the amount of interest was not paid in time. The mortgage debt was to be repaid in five years and in case of default, the mortgagor was to pay interest at the rate of 1% per month from the date of default. According to the plaintiff, the defendant paid Rs. 3

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