DAYAL CHAND Vs. GAJRAJ SINGH

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent is against the order dated 19-3-1976 passed by a learned single Judge of this Court in Misc. (Second) Appeal No. 307 of 1973, arising out of execution proceedings.

(2.) A mortgage was executed in the year 1926 of 8 annas share of Mahal I of mouza Dundi, including about 300 acres of khudkasht lands. A decree for sale of the mortgaged property was obtained by the mortgagees in the year 1938, the total amount recoverable being Rs. 12,233/-. The judgment-debtors then moved the Debt Relief Court which scaled down the debt and made it payable in 19 instalments, the last instalment being payable some time in the year 1960. The judgment-debtors then committed default in payment of the instalments. The decree-holder obtained a certificate from the Deputy Commissioner, Jabalpur, under Section 13 (3) of the C. P. and Berar Relief of Indebtedness Act, making the unpaid balance recoverable as under a final decree passed by the civil Court. This was some time in the year 1949.

(3.) The first execution application was filed by the decree-holder in Dec. 1949, which was dismissed as infructuous in 1951. The second execution application filed in Dec. 1954 was also dismissed after realisation of some amount. The third execution application was then filed by the decree-holder. Several objections were filed by the judgment-debtors and after rejection of the same, 43-45 acres of khudkasht lands, included in the mortgaged property, were sold by the executing Court on 18-10-1967 and were purchased by Jawahar Singh.