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1945 Supreme(All) 79

MADELEY, MISRA
Ram Dayal – Appellant
Versus
Mata Din Singh – Respondent


Advocates appeared:
Rajeshwari Prasad, For the Appellant / D.P. Khare, For the Respondent

JUDGMENT

Misra and Madeley, JJ. - This is defendants' application in revision against the appellate order of the learned District Judge, Lucknow.

2. In 1833 Mst. Deoka had made a mortgage of certain property Mata Din and delivered posses -ion thereof in lieu of interest. The plaintiffs Ram Dayal and Parmeshwar Din are the; representatives of the mortgagor, while-". the defendants Matt Din and On Singh are the representatives the mortgagee. On 18th October, 194r Ram Dayal and Parmeshwar Din "applied for redemption u/s 12 of the Agriculturists' relief Act, and they sought the benefits of the U.P. Debt Redemption Act in calculating (he amount of mortgage money. They claimed that if interest was calculated in accordance with (he latter Act, no amount was payable towards the principal and interest. The defendants resisted the suit on a number of grounds which need not be mentioned for the purposes of this judgment. It is sufficient to say that all the defences were overruled, and the learned Assistant Collector ordered delivery of possession on the mortgaged property to Ram Dayal and Parmeshwar Din holding that nothing was due to the mortgagees. When the matters reached the lower appellat

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