SAMUEL THYAGARAJA KUMAR Vs. K SITARAMA ACHAR

JUDGEMENT

(1.) This appeal by judgment-debtor No.l in a mortgage-decree is directed Against the order dt.6th October 1976 made in Execution Case No.63 of 1975 on the file of the Court of the Civil Judge, Mangalore, S.Kanara, overruling the appellant's objections for sale of the mortgaged properties.

(2.) Respondents 1 to 4 obtained a decree on the basis of three mortgages in OS.63 of 1973 on the file of the Court cf the Civil Judge, Mangalore, S.Kanara. A preliminary decree was passed on the basis of a joint memo filed by the parties on 26-3-1974. Under the terms of the said decree, judgment-debtors were liable to pay to the decree-holders a sum of Rs.1,00, 000 with interest thereon at the rate of 6 per cent per appum from the date of suit till the date of payment besides costs cf the suit lime was allowed for payment till 26-9-1974. Judgment-debtors having iailed to pay the decretal amount, the decree-holders applied for a final decree, and a final decree was passed on 17-1-1975. Even after the final decree, the judgment-debtors did not pay the decretal debt. Consequently the decree-holders were compelled to sue out execution seeking sale of the mortgaged properties.

(3.) Judgment-debtors filed their objections separately raising a contention, inter-alia, that the first judgment-debtor is a debtor entitled to the benefits of the Karnataka Agricultural Debtors Relief Act, 1966. That objection, however, was not pressed at the hearing. Thereafter, judgment-debtor No.1 obtained leave to raise a fresh ground of objection based on the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called the 'Act') . The objection was that the mortgaged properties being situate within the limits of Mangalore Municipality, are properties to which the 'Act' applied; that S.27 of the Act contains a prohibition against transfer of any urban or urbanisable land without the previous permission in Writing of the competent authority; and that such permission not having been obtained, the decree-holders were not entitled to bring the mortgaged properties to sale