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1951 Supreme(P&H) 40

HARNAM SINGH, S.M.SONI
Amar Singh – Appellant
Versus
Kuldip Singh – Respondent


Judgment

Soni, J.

1. Mr. Amar Singh, retired Deputy Superintendent of Police, brought a suit against his cousin Kuldip Singh for the recovery of Rs. 1,48,1257-, made up of Rs. 1,20,000/- as principal and Rs. 28,123/- as interest by sale of mortgage properly which was described in the plaint. This suit was brought on the 17th of August 1948 and was decided in favour of the plaintiff by the trial Court on the 15th of March 1950. On that date the trial Judge grunted the plaintiff a preliminary decree for Rs. 1,-48,125/- with costs. The plain-tiff had joined three other persons as defendants with Kuldip Singh, defendants Nos. 2 and 3 being subsequent mortgagees and defendant No. 4 being the transferee from defendant No. 1 of his rights and interests in the property. The trial Judge passed the decree against all the defendants. The Judge also allowed the plaintiff future interest till realization at the rate of 6 per cent, per annum, payment to be made within three months from the 15th March 1950, failing which the plaintiff would be at liberty to get the mortgaged property sold on obtaining a final decree. There were directions regarding the other three defendants which it is not necess














































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