Ram Sarup vs Ram Richtpal - 1929 Supreme(All) 57

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1929 Supreme(All) 57

Ram Sarup – Appellant
Versus
Ram Richtpal – Respondent

JUDGMENT

1. This appeal arises out of a suit to recover the money due on a simple mortgage, dated 11th May 1910, executed by Husain Khan and Nawab Khan in favour of Koore Mal and Tulshi Ram as security for a sum of Rs. 800. Defendants 1 to 8 are heirs of the mortgagors. Plaintiffs 1 to 6 are heirs of the mortgagees. Bhup Singh, original defendant 11, was a subsequent mortgagee, who died during the pendency of the suit and whose heirs are now upon the record as defendants 11 to 14. Defendant 15 Chiranji Lal, was a subsequent purchaser. The suit was contested by Bhup Singh and Chiranji Lal mainly on the ground that the mortgaged property situated in the town of Gulauthi is not liable to sale, and that Bhup Singh and Chiranji Lal had discharged a decree obtained on a prior mortgage, and therefore had priority to the extent of the amount paid by them in discharging the prior mortgage. The trial Court repelled the defendants' contentions and decreed the claim in full.

2. The lower appellate Court gave effect to the contention of Bhup Singh's representatives to the effect that they had priority to the extent of Rs. 3,063-9-0 which Bhup Singh had paid in satisfaction of the decree obtained

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