MININ KAMAL ALFANSO Vs. RAMAKANT VINAYAK GAONKAR

JUDGEMENT

(1.) This second appeal has come up before us upon a reference made by Venkataramiah, J.

(2.) The facts which are not now in dispute are these: The appellants are legal representatives of one Kamil B.Alfanso. On 14 th Feby 1934, Kamil and J. Gopaiacharya together executed a mortgage deed hypothecating their individual properties in favour of one Shantaram Mangesh Kuilkarni and obtained a loan of Rs.6,500. On default to redeem the mortgage, Shantaram filed a suit OS.86 of 1940 against the executants and obtained a decree for Rs. 9,080 together with future interest at 6 per cent per annum. The final decree in the suit was made on 17th Octr 1942.

(3.) When the said decree was under execution, the Bombay Agricultural Debtors Relief Act, 1947 (Bombay Act 28 of 1947) (shortly called 'the Act'), came into force and the execution proceedings consequently, stood transferred to the Court constituted under the Act ('BADR Court'). In the proceedings before the BADR Court, Kamil was held to be a debtor within the meaning of the said Act, but Gopalacharya was not. Consequently, the liability of Kamil under the decree in question and also in respect of another decree was scaled down to Rs. 4320 and the decreeholder was held entitled to recover from Kamil only the said amount., Kamil was also permitted to pay the said amount by 12 annual instalments, which he accordingly paid.