ADARSH KUMAR GOEL, J.

1. Following substantial questions of law are involved in this appeal :-

(i) Whether mortgagee was entitled to a decree of declaration that he had become owner and was entitled to possession on the around that right of redemption had come to an end by efflux of time.

(ii) Whether the terms of mortgage permitting interest at rate equal to income from the land on a part of the principal amount and interest at the rate of Re. 1 and 9 annas % per month on rest of the amount were hit by provisions of Usurious Loans Act, 1918 , and Punjab Relief of Indebtedness Act, 1934, and further whether such provisions were in the nature of clog on equity of redemption and on that account were liable to be modified

:

(iii) Whether the Court could require, in its discretion that the procedure for foreclosure may be followed before the declaration of title in favour of a mortgagee can be granted if it appears the Court to be necessary to do so having regard to the facts of the case.

2. The respondents-defendants mortgaged the suit land against an amount of Rs. 920.00 on 26-10-1899 (mortgage, deed Exhibit P-1). Under the terms of the mortgage, the defendants respondents we