RAM JAWAI Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) This case has a chequered history. Shri Bhag Mal Jain,, deceased defendant/ judgment Debtor, who is now represented by his legal representatives as judgment debtors, was the owner of property No. 2659 constructed on plot Nos. 226 and 227, Block L, Gali Nos. 2and 3, Beadonpura, Karol Bagh, New Delhi which was mortgaged by him for Rs. 94,000 with Balkishan Dass, plaintiff decree holder by means of a deed dated 19th September, 1958 registered on 24th September, 1958.

(2.) In the suit filed by Balkishan Dass, on the basis of this mortgage, a preliminary decree was passed under order 34 Civil Procedure Code by Shri S.S. Kanwar, Sub Judge, Delhi, but all the reliefs claimed by plaintiff were not granted. He, therefore, filed an appeal which was accepted and a preliminary decree under Order 34, Rule 4 Civil Procedure Code was passed on 31st August, 1970 by this Court granting four months time to the judgment debtor to pay the decretal amount. It was further ordered that in case of his failure to do so, the plaintiff-decree holder would be entitled to apply for final decree and obtain a direction for sale of the mortgaged property or a sufficient part thereof and recover the decretal amount. The defendant- judgment debtor did not make payment as per judgment and decree dated 31st August, 1970 and thereafter the decree holder filed OMP No. 13 of 1971 on 29th January, 1971 claiming ' that a sum of Rs. 1,76,718.88 besides interest from 1st January, 1971 upto the time of realisation was still due to him and that the preliminary decree passed by this Court on 31st August, 1970 be made final and the mortgaged property be directed to be sold and the sale proceeds be applied for satisfaction and payment of the decretal amount.

(3.) There has been a protracted litigation regarding this property since 1971 but after dismissal of various applications filed by one Shri Harbans Lall the mortgaged property was auctioned on25thJune, 1973 and it was purchased by M/s Delhi Packaging Private Limited for consideration of Rs. 1,40,000 in the court auction. Shri Harbans Lall had filed objections on the plea that he had purchased this property in a court auction held on 14th December, 1964 in execution of a decree-Jatinder Prakash Vs. Bhag Mal Jain and Ors for Rs. 54,000 the sale was confirmed on 14th January, 1966 and a sale certificate was issued in his favour on 6th October, 1966. One Shri Vidya Sagar had also filed objections. The objections filed by Shri Harbans Lall and Shri Vidya Sagar were, however, dismissed holding that Harbans Lall had only purchased the right and interest of the judgment debtor, Shri Bhag Mal Jain i.e. he purchased the right to redeem the mortgaged property. It was further held that the suit property stood mortgaged with Shri Balkishan Dass, the decree holder earlier to its sale in the case of Jatinder Prakash Vs. Bhag Mal Jain and others.