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1951 Supreme(All) 20

GHULAM HASAN, KIDWAI, CHANDIRAMANI
SUKRA – Appellant
Versus
RAM HARAKH – Respondent


Advocates Appeared:
Baldeo Sahai Srivastava, D.P.Khare, KAMLA KRISHNA, S.B.Bajpai

KIDWAI, J.

( 1 ) ON 1-8-1928, some trees standing on a plot of land, described as a Tank, and house with trees, were mortgaged to Makhdoom to secure the repayment of a loan of Rs. 175. The mtgee. sued to enforce his mtge. and obtained a preliminary decree on 24-10-1934. This decree directed that, unless the entire sum due under the mtge. was paid by 24-4-1935, the mortgaged property (which is fully described in the Schedule) or a sufficient portion of it be sold. It further provided : " (3) That if the net proceeds of the sale are insufficient to pay such amount and such subsequent interest and costs in full, the pltf shall be at liberty to apply for a personal decree for the amount of the Balance. "

( 2 ) THIS decree was made final on 6-3-1938, and the first appln. for execution was made by the decree-holder on 10-12-1940. On 21-1-1941, this appln. was consigned to the records. A second appln. for execution was made on 11-3-1943. An objection was then taken on 16-4-1943, by the judgment-debtors that they were agriculturists and that accordingly the decree should be amended by reducing interest. This appln. was allowed and the decretal amount was reduced to Rs. 175. Thereafter the e


































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