WALI ULLAH, SAPRU
B. Chotey Lal – Appellant
Versus
Fazlul Rahman Khan – Respondent
WALI ULLAH, J. :- These are two appeals against two orders of the Civil Judge of Moradabad dated 30-8-1941, and 28-3-1942, by which a decree was amended under S. 8, U.P. Debt Redemption Act (Act 13 of 1940).
2. The facts cover a long period and are rather complicated. Abdul Karim and his son Fazlul Rahman hold considerable property. On 11-1-1924 the father and the son granted a simple mortgage in favour of the respondent, Rai Bahadur Chotey Lal, for a sum of Rs. 40,000/-. It was in respect of some house property as well as some zamindari property in three villages viz. Ichaura Kamboo, Dalpatpur and Papri. Between 1927 and 1928 certain payments were made in part satisfaction, of the debt. The mortgage was put in suit - suit No. 169 of 1928 - and on 28-1-1929, a decree was passed on the basis of this mortgage for a sum of Rs. 59,878-14-6. In satisfaction of this decree as well (?) substantial payments were made with the result that by 21-7-1931, the judgment debtors had discharged the debt to the extent of Rs. 36,014-7-0. On 22-7-1931, a fresh mortgage was executed, practically on the same lines as the earlier mortgage by the father and the son for a sum of Rs. 29,500/- in li
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