R.S.PATHAK, CHET RAM THAKUR
KANWARANI MADNA VATI – Appellant
Versus
RAGHUNATH SINGH – Respondent
Thakur, J.:- This R. F. A. 1 of 1965 and the cross-objections and R. F. A. 7 of 1966 arise out of a suit under the provisions of Order 34 of the Civil P. C. for the recovery of Rs. 16,000/- with costs and future interest by sale of mortgaged property described in para. 1 (g) of the plaint and further that in case the sale proceeds fall short of the amount due to the plaintiff for a personal decree to that extent or in the alternative for possession of the mortgaged property and a personal decree for interest and costs filed by the plaintiff against the defendant No. 1.
2. The facts as emerge from the plaint are that the plaintiff is the son of Thakur Ram Dass proprietor of Marina Hotel, Simla. Defendant No. 1 is the widow of Kr. Mohan Singh of Junga, presently residing in Kasumpti Bazar of Simla District. She borrowed Rs. 13,400/- from the plaintiff against the security of the property mentioned in the mortgage deed, PA. This property consisted of several Khasra numbers and buildings thereon. The mortgage was effected on 27-9-1950, but the same was registered on 10-10-1950. She had promised to pay back the loan before the end of May 1951 without interest and get the mortga
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