D.K.MAHAJAN, A.N.GROVER, MEHAR SINGH
Mangat Rai – Appellant
Versus
Kidar Nath – Respondent
Mehar Singh, J.
1. The two questions referred to the Full Bench are--
1. Whether it is open to the legal representatives of a debtor to invoke the help of section 30 of the Punjab Relief of Indebtedness Act in a suit for possession by redemption?
2. Whether the provisions contained in Section 3 of the Usurious Loans Act, 1918, as amended in the Punjab, would govern a suit for redemption of mortgage executed before the commencement of the Act?
2. The grandfather of the plaintiffs, Ladhia, created three mortgages between July 20, 1886, and May 21, 1897, for a total consideration of Rs. 6,400/- by the deeds Exhibits P.1 to 3 in favour of Ramji Dass, father of defendants Nos. 1 to 4, in respect of some agricultural land, one nauhra and two houses. According to the conditions of the mortgages, the mortgagee was to be in possession of the mortgaged properties and to appropriate the rents and profits towards interest on the mortgages, the rate of interest having been specified in the mortgages, and in default of payment of interest a provision having been made for charging compound interest at considerable higher rate. The mortgagee was not given possession of a part of the mortga
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