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1927 Supreme(Lah) 96
Lahore High Court
Broadway, J.
Bishen Chand & Ors. - Appellants
Versus
Mt Bishen Devi & Ors. - Respondents
Decided On : 01-12-1927
JUDGMENT
Broadway, J. - The only point for determination in this appeal is whether the mortgagors on redemption of the mortgaged property should be directed to pay the mortgagees interest up to the date fixed for redemption by the Court. The Court has only allowed interest up to the institution of the suit, as it considered that the interest already allowed, was sufficient. In doing so the learned Senior Subordinate Judge, Mr. Ghulam Yazdani, appears to have lost sight of Rule 7, Order 34, Civil P.C., which is mandatory on this point.
2. The respondents filed cross-objections urging that costs should not have been allowed to the appellants on the ground that the appellants had raised various pleas which ought not to have been raised by them. On the other hand it appears that the plaintiffs-respondents claimed to redeem the property.; for a far less sum than was due, and in these circumstances I do not think that the order of the Court as to costs should be interfered with. The cross-objections are, therefore, dismissed.
3. The appeal is accepted and the appellants are allowed the sum of Rs. 864, the interest claimed. No order as to costs in this Court. This sum of Rs. 864 must be paid by the 1st February 1928.
Jai Lal, J.
4. I agree.
