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1958 Supreme(All) 159

B.N.NIGAM, M.L.CHATURVEDI, J.K.TANDON
RANA SHEO AMBER SINGH – Appellant
Versus
ALLAHABAD BANK – Respondent


Advocates Appeared:
H.N.MISRA, HYDER HUSSAIN, IQBAL AHMED, SHIVA GOPAL

M. L. CHATURVEDI, J.


( 1 ) THIS is a judgment-debtors appeal against an order dismissing his objections filed under section 47 of the Code of Civil Procedure.

( 2 ) IT appears necessary to give a short history of the case which begins as far back as the year 1914. Rana Sheoraj Bakhsh Singh was the proprietor and taluqdar of what was called khajurgaoa estate in the district of Rae Barel. He relinquished his rights in favour of Uma Nath bakhsh Singh or 9-5-1913, and Uma Nath Bakhsh Singh became the proprietor and taluqdar of the estate. On 13-7-1914, Rana Uma Nath Bakhsh Singh executed a deed of simple mortgage in favour of the Allahabad Bank Ltd. , decree-holder respondent. The mortgage was for a sum of Rs. 6,00,000/-and the mortgage money carried interest at the rate of seven per cent per annum compoundable six monthly. Rana Uma Nath Bakhsh Singh mortgaged 167 villages under this deed. On 23-5-1924, the respondent Bank filed a suit for recovery of the balance of the unpaid mortgage money by sale of the mortgaged property. On 31-1-1925, a preliminary decree for sale for the recovery of Rs. 4,86,863-15-8 was passed. This decree was made final on 16-7-1926, and it directed the sale of






















































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