Disposed

Dharampal & Ors. v. Asha Nand

Punjab & Haryana HC31 Jan 2011RSA/4558/2010

Case brief

AI extract

What is this about?

In a second appeal regarding a mortgage decree, the single-judge bench granted the appellants six months to pay the mortgage money. Interest was enhanced from 9% to 15% per annum for the extended period, while pre-existing interest remained at 9%.

What did the court decide?

Appellants permitted six months to pay Rs.2,30,000 with 9% interest till today and 15% interest thereafter. Failure leads to foreclosure.

Dharampal & Ors. Vs Asha Nand — Property and Title | Punjab & Haryana HC (2011)

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R. S. A. No. 4558 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Case No. : R. S. A. No. 4558 of 2010

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Date of Decision : January 31, 2011

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Dharampal and others .... Appellants

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Vs.

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Asha Nand .... Respondent

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CORAM : HON'BLE MR. JUSTICE L. N. MITTAL

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Present : Mr. Puneet Bali, Advocate for the appellants.

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Mr. Jagdish Manchanda, Advocate for the respondent.

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L. N. MITTAL, J. (Oral) :

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Respondent-plaintiff Asha Nand filed suit against defendantRam Sarup (since deceased and represented by appellants as his legal representatives) based on mortgage of the suit land created by defendant in favour of plaintiff.

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Learned Civil Judge (Junior Division), Rohtak, vide judgment and decree dated 18.02.2010, partly decreed the suit to the extent that if the defendant pays the mortgage money of Rs.2,30,000/- along with interest @

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R. S. A. No. 4558 of 2010

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9% per annum within four months from the date of said judgment, the mortgage shall be deemed to be cancelled (redeemed) and in case, the mortgage money with interest is not so paid within the stipulated period, the mortgage shall be deemed to be foreclosed, and in that event, defendant shall deliver possession of the mortgage property to the plaintiff, who shall become owner thereof.

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Both parties preferred first appeals against judgment and decree of the trial court. Learned District Judge, Rohtak, vide common judgment dated 08.10.2010, dismissed both the appeals, but granted further time of four months to the defendant's legal representatives to comply with judgment of the trial court. Feeling aggrieved, legal representatives of defendant have preferred the instant second appeal.

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I have heard learned counsel for the parties and perused the

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case file.

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Learned counsel for the appellants simply prays that appellants may be granted further time of six months from today for deposit of mortgage money with interest as per judgment and decree of the trial court. The prayer is opposed by learned counsel for the respondent stating that rate of interest as per mortgage deed was 24% per annum, but the courts below have granted interest @ 9% per annum only, which is highly inadequate.

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I have carefully considered the rival contention. Plaintiff has

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R. S. A. No. 4558 of 2010

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not preferred any second appeal nor filed any cross-objections. Consequently, the dispute remains only regarding extension of time sought by the appellants for payment of the mortgage money with interest as per decrees of the courts below. In these circumstances, I am of the considered opinion that ends of justice would be met if appellants are directed to pay interest at enhanced rate of 15% per annum from today for the extended period of six months, whereas interest till today shall be @ 9% per annum, as directed by the courts below. It is ordered accordingly.

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Appellants are thus permitted to pay the mortgage money of Rs.2,30,000/-with interest @ 9% per annum till today and with interest @ 15% per annum from today till payment. The payment shall be made within six months, failing which consequences envisaged in judgment and decree of the trial court shall ensue. The instant appeal stands disposed of accordingly.

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( L. N. MITTAL ) JUDGE

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January 31, 2011

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monika

Dharampal & Ors. v. Asha Nand

Case brief

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Dharampal & Ors. v. Asha Nand

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