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1936 Supreme(All) 179

RACHHPAL SINGH, SULAIMAN, THOM
Anandi Lal – Appellant
Versus
Ram Sarup – Respondent


ORDER

1. This is an application of Lala Ram Swarup and others in which the applicant prays the Court to appoint a receiver of certain mortgaged properties.

2. On 30th October 1922 a mortgage-deed was executed by one Ganga Ram who was the manager of a joint Hindu family and one Piare Lal in favour of the applicant's father. The sum advanced to the mortgagor was Rs. 1,05,000. This sum was advanced at the rate of 9 annas per mensem compoundable every six months. The prescribed term of the mortgage was three years, that is the money was repayable to the mortgagee on 30th October 1925. The money was not repaid in 1925 and the payment of interest appears to have been very irregular. In 1933 the plaintiffs filed a suit in which they claimed Rs. 1,49,264 plus interest. On 8th September 1934 a preliminary decree was passed in favour of the plaintiffs for a sum of Rs. 1,72,527. Against this decree the defendants to the suit have preferred a first appeal in this Court. The applicants have since obtained a final decree in their favour for the amount above mentioned. The applicants pray that in the special circumstances of this case a receiver be appointed to take charge of the mortgaged property

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