LINGARAJU MAHARANA AND ANR. Vs. MOTILAL BROTHRA

JUDGEMENT

(1.) THIS petition by Defendants 1 and 2 is directed against the order dated 15 -4 -1971 passed by the Munsif, Berhampur in T.S. No. 140/67 dismissing their counter claim.

(2.) THE opposite party had taken a mortgage of the suit house from the Petitioners. It was a mortgage by conditional sale. The mortgage document was executed on 30 -31962 and the time stipulated for repayment of the loan was 5 years i.e. the time of repayment of loan was 30 -3 -1967, and thereafter, in default of payment of mortgage loan, the sale would become absolute. The mortgagee, opposite party filed T.S. No. 140/67 against the Defendants -Petitioners for a decree for making the sale of the suit house absolute in his favour.

(3.) T .S. No. 140/67 was dismissed for default and the petition for restoration also was dismissed. On 17 -4 -1970, the munsif, while dismissing the petition for restoration of the suit, ordered further that -