- (1.) The only question for consideration in this case is whether in the matter of statutory rate of interest a non-evacuee is entitled to the benefit of section 9(1) of the Evacuee Interest (Separation) Act (No. LXIV), 1951, when he is a co-mortgagor of composite property under that Act.
(2.) It is not necessary for the consideration of this question to go into any appreciable detail of the facts of the case and it will be sufficient to say, for the purposes of this order, that the two petitioners, non-evacuees, and one Alla-ud-Din, an evacuee, are the mortgagors, and Jamma Devi, respondent No. 2, is the mortgagee of the property.
(3.) In the beginning the purpose for which Act No. LXIV of 1951 was enacted is stated in that Act in these words- "An Act to make special provisions for the separation of the interests of the evacuees from those of other persons in property in which such other persons are also interested and for matters connected therewith.";