Supreme Court · 1964 INSC 258 · Decided 18 November 1964
Gyarsi Bai and Others v. Dhansukh Lal and Others
- Court
- Supreme Court of India
- Citation
- 1964 INSC 258 · [1965] 2 S.C.R. 154
- Case number
- CIVIL APPEAL No. 257/1963
- Decided
- 18 November 1964
- Bench
- K. SUBBA RAO, RAGHUBAR DAYAL, N. RAJAGOPALA AYYANGAR (3-judge bench)
- Outcome
- Order modified
- Case type
- Civil
- Acts & sections cited
- CPC Section 152; Transfer of Property Act Section 76
Headnote
BAI AND OTHERS v. DHANSUKH LAL AND OTHERS November 18, 1964 [K. SUBBA RAo, RAGHUBAR DAYAL AND N. RAJAGOPALA AYYANGAR JJ.J Mortgage-Suit for enforcement of Mortgage with possession-Preli­ minary decree declaring amount due under mortgage without asking mort· gagee to account for to be satisfied. A mortgagee in possession of the mortgaged property filed a suit for enforcement of the mortgage. As provided in 0-34, rr. 4 and 2 the trial court framed a preliminary decree in Form No. 5A of the Appendix D to the First Schedule of the Code of Civil Procedure declaring the
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