Decree for Foreclosure

IN THE MATTER OF:-

Dinesh S/o Ramesh

Mayur vihar, New Delhi

Through council-

Kunal mehto

……….. Plaintiff

Verses

Ramlal Prasad, S/o Ramu Prasad,

Village ghandhal, district Shimla(H.P)

Through council

Ankita

..Defendant

(Order XXXIV, Rules 2,3 and 4)

IN THE COURT ADDITIONAL DISTRICT JUDGE AT SHIMLA

SUIT NO . 424 of 2018

The suit coming on this 14.03.2018 day; It is hereby declared that the amount due to the
plaintiff on the mortgage in the plaint calculated upto this day of 20.03.2018 is the sum
of Rs 15,000,00 for interest on the principal, the sum of Rs10,000for costs, charges and expenses
(other than the costs of suit) and the sum of Rs20,000 for the costs of this suit awarded to
plaintiff .

2. It is further declared that plaintiff is entitled to receive payment of the amount due on
defendant after selling of mortgaged land.
3. As per the contention raised by the defendant that the property could not be sold to non-
agriculturalist as per the section 118 of Himachal land tenancy and reforms act 1972, in this
regard court is of the view that property could be sold to agriculturist belonging to state of
Himachal Pradesh . For sell of property court appoints an officer who will look after the
procedure of sell and competent buyer of the disputed property.

5. In the case where a sale is ordered under Cl. 4 that the money realized by such sale shall be
paid into Court and be duly applied after deducting therefrom the expenses of the sale in
payment of the amount payable to plaintiff under the decree and any further orders that may have
been passed after decree and in payment of the amount with interest if any, which the Court may
have adjudged due to defendant in respect of such cost of the suit and such costs, charges and
expenses as may be payable to the plaintiff under Rule 7 of Order XXXIV of the First Schedule
to the Code of Civil Procedure (Act V of 1908) and that the balance, if any, shall be applied in
payment of the amount due to the plaintiff and that, if any further balance be left, if shall be paid
to defendant.
6. That, if the money realized by such sale shall not be sufficient for payment in full of the
Amounts due to plaintiff, the balance, if legally recoverable otherwise than out of the property
sold, be personally paid by defendant to plaintiff.