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1950 Supreme(All) 335

WALI ULLAH, KIDWAI, CHANDIRAMANI
RAM KISHORE TANDON – Appellant
Versus
SHAYAUR SUNDAR LAL – Respondent


Advocates Appeared:
H.D.Srivastava, K.N.Tandon

WALI ULLAH, J.

( 1 ) THIS appeal arises out of an application made by the judgment-debtor under Sections 8 and 9, u. P. Debt Redemption Act, (XIII [13] of 1940) for amendment of a preliminary decree for sale passed in a mortgage suit. The mortgage was executed by Shyam Sunder Lal in favour of the appellant Ram Kishore Tandon in respect of an advance of Rs. 1428 at six per cent. interest compoundable half yearly. The hypothecated property consisted of two houses in the city of gonda and five tenancy groves in an agricultural village called Gird Gonda. Out of the mortgage money only a sum of Rs. 339 was paid in cash at the time of the execution of the mortgage the balance of the consideration was set off against sums due under six earlier mortgage deeds in respect of the case property executed by the same mortgagor in the name of one Sarju Prasad, grand-father of Ram Kishore Tandon, the mortgagee in the deed of 30-3-1927. It is not disputed that the interest of the mortgagee under the earlier deeds was vested in Ram Kishore Tandon at the date of the mortgage dated 30-3-1927. The first of these six deeds was executed on 26-4-1915 and the last one on 23-10-1916. In these deeds the rate















































































































































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