Kasliwal J. - (1.) This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh at Jabalpur dated 12th December, 1974. This litigation has a long chequered history of more than five decades. The appellant, The Sagar Mahila Vidyalaya is an educational institution founded by a section of the public of District Sagar (M.P.) by giving donations and is duly registered under the Societies Registration Act (Act XXI of 1860). On 17th November, 1933 one Govind Rao Harshe had mortgaged some agricultural land and a house known as "Harshewada" to Lakshmi Chand and Chand Modi. The aforesaid mortgagees duly filed a suit and obtained a preliminary decree for sale on 14th July, 1937. A final decree for sale for the realisation of Rupees 5001/13/6 was passed on 26th March, 1938. on 29th March, 1938 the decree-holders applied for execution of the said decree. The execution of the aforesaid decree was stayed and in the meantime C.P. and Berar Relief of Indebtedness Act, 1939 came into force. The judgment debtor Govind Harshe along with his minor sons namely, Sadashiv Rao and Ram Chander Rao applied for settlement of the debts on 14th September, 1939 in the Debt Relief Court, Sagar. The execution of the final decree for sale had been stayed by the executing Court as per the provisions of the Relief of Indebtedness Act. On 11th September, 1940, the Debt Relief Court reduced the amount and granted instalments.
(2.) The creditors filed revision applications against the aforesaid order of the Debt Relief Court. The revision filed by Lakshmi Chand and Duli Chand was registered as Civil Revision No. 119 of 1940 while that of another creditor Pandey Shankernath was registered as Civil Revision No. 27 of 1941. The Additional District judge disposed of both the revisions by order dated 29th September, 1941. Ex. P-4 is the copy of the order passed in Civil Revision No. 119 of 1940 and its operative part reads as under: "For the reasons given in paragraph 8 of the order of C.R. No. 27 of 1941, I hold that a condition can be prescribed by the D. R. Court in default of which the order fixing instalments shall cease to have effect and the whole claim shall become recoverable. I, therefore, order that the debtors shall keep the mortgaged property intact by paying its land revenue in time every year and shall keep the house in good repairs, as a condition precedent to the continuance of their right to pay the claim by instalments fixed by the D. R. Court. In default of their paying land revenue of the Mailk Makbuza land in time, endangering its sale for its recovery, and in case they deliberately fail to keep the mortgaged house in proper repairs or endanger its existence, this order of instalments shall cease to have effect and the applicant creditor shall become entitled to recover the whole amount. Parties will bear their own costs of this revision."
(3.) On 18th November, 1941 the decree holders Lakshmi Chand and Duli Chand Modi applied for the revival of the execution proceedings on the ground that the judgment debtor had defaulted in carrying out the directions of the revisional Court and as such the order passed by the Debt Relief Court granting instalments had ceased to exist and the whole amount had become payable in lump sum. The decree-holders as such prayed for the sale of the house propertv in dispute. The judgment-debtor Govind Rao Harshe did not appe'ar before the executing Court in spite of service of notice and allowed the execution case to proceed ex parte against him. On 31st March, 1942 the executing Court passed an order holding that the nonapplicant judgment-debtor had committed breach of the condition and as such the decree-holders were entitled to recover the amount determined by the Debt Relief Court as due to them at once. It was further held that the decree-holders were entitled to execute the decree for recovery of debt amount.;