B S RAMADEVI Vs. PRAMEELAMBA

JUDGEMENT

(1.) The appellants are legal representatives ot the judgment-debtor in O.S.No.70/1964 on the file of the Addl. Civil Judge, Mysore (which was a suit originally filed before the District Court and transferred to the Civil Judge's Court). The suit was on a mortgage and the final decree was passed on the 26th of March 1965 for sale of the property to recover more than a lakh and ten thousand rupees. When the execution petition filed by the decree-holder was pending, it is stated that he agreed with the judgment-debtor on the 28th of February 1967 to receive Rs.96,000 in full satisfaction of the decree. It is further stated that the judgment-debtor paid the said amount and secured from the decree-holder a receipt in his own hand-writing signed by him and attested by two witnesses. It was the further case of the appellants that on the 1st of March 1967, decree-holder told the judgment-debtor that he had already reported the payment to the Court and that therefore the Judgment-debtor did not himself take steps to report payment.

(2.) The decree-holder died on the 15th of June 1967. The Judgment-debtor thereupon made enquiries with the Court and discovering that his payment had not been reported by the decree-holder, he made his own application on the 17th of August 1967 for recording satisfaction.

(3.) It ia seen from the papers of the execution that the petition filed by the original decree-holder was dismissed on the 28th of March 1967 on the basis of a memo filed by him. In the memo he has stated that under the registered assignment deed dated 2nd of March 1967, he has assigned the decree to one K.R.Venkatachala Shetty who is the 3rd respondent in this appeal. In the application filed by the appellants, the assignee-3rd respondent remained ex-parte. The widow and son of the deceased decree-holder who have been impleaded as legal representatives pleaded ignorance but opposed the application.