On November 22,1960 the trial companyrt passed a preliminary decree in the following terms In the result, the plaintiff is given a preliminary decree for redemption of the plaint property on deposit of the mortgage amount and value of improvements , if any, that may be fixed in the final decree.
The appellant claimed that the preliminary decree was deficient in as much as numbertime had been fixed for the appellant depositing the redemption money and that in the nature of things incomplete since the extent of the claim of the mortgageerespondent relating to improvements had yet to be ascertained.
It was claimed that the decree of the trial companyrt has merged therein and therefore the limitation for all purposes started from the date of the appellate companyrts order.
Secondly, on the appellant depositing the redemption price, he would be entitled to recover mense profits at the rate of Rs.200/ per mensem till possession of the mortgaged property was delivered to him.
On that basis it was claimed that since the decree had number determined the final amount payable as in terms of Order 34 Rule 7 the decree companyld number be called a preliminary decree at all and was rather a decision preperatory to a preliminary decree.
The trial companyrt dismissed the application for ascertainment of time and the High Court companyfirmed that view, which has given rise to this appeal.
Taking shelter under these arguments time Was sought from the Court within which the redemption price companyld be termed as payable.
The plaintiff is allowed to recover mesne profits at the of Rs.200/ per mensem from the date of deposit of the redemption price.
The parties will bear their companyts The said decree was companyfirmed in appeal on 16.11.1965.
Firstly, the plaintiff the appellant herein is given a preliminary decree for redemption of the property on deposit of the mortgage amount.
Its direction above extracted can be divided into three parts.
He will apply within one month from this date.
The suit property was under a usufructuary mortgage.
In the suit for redemption instituted by the appellant redemption was sought on payment of Rs.18,000/ .
Therefore there was numberbar for the Court to pass another preliminary decree.
The terms of the decree ex facie are clear.
The mortgage money was Rs.18,000/ .
First defendant will apply for the issue of a companymission to assess the value of improvements.
The appellant was the mortgagor thereof.
