https://www.taxtmi.com/caselaws?id=274066 Section 67A of the Transfer of Property Act applies only where the same mortgagor has executed multiple mortgages capable of attracting the same kind of decree under Section 67; because the earlier mortgages were by both the appellant and his wife, while the later mortgage was by the appellant alone, the statutory identity of mortgagor was not met and the suit was not barred. The Court also treated the 12% contractual interest as unfair and penal, reducing it to 10 1/2% up to the preliminary decree and maintaining 6% per annum thereafter. The decree was otherwise left undisturbed. en-us Tue, 22 Sep 1970 00:00:00 +0530 Thu, 26 Jul 2018 18:31:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274066 Section 67A of the Transfer of Property Act applies only where the same mortgagor has executed multiple mortgages capable of attracting the same kind of decree under Section 67; because the earlier mortgages were by both the appellant and his wife, while the later mortgage was by the appellant alone, the statutory identity of mortgagor was not met and the suit was not barred. The Court also treated the 12% contractual interest as unfair and penal, reducing it to 10 1/2% up to the preliminary decree and maintaining 6% per annum thereafter. The decree was otherwise left undisturbed. Case-Laws Indian Laws Tue, 22 Sep 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274066