SAJUBHA JEHABHAI Vs. CHUDASAMA JILUBHA HATHIBHAI

JUDGEMENT

(1.) This second appeal raises a question of law arising out of an execution application filed by the appellants in the Court of the Civil Judge (J. D.) Dhandhuka.

(2.) One Rupsing Jethibhai who was the husband of respondent No. 2 Jambai had mortgaged his lands to Rupsangji Kesar and had given possession of the lands to the mortgagee. Rupsangji Kesar thereafter transferred his rights in the lands for Rs. 700/to the appellants and handed over the possession of the lands to them. Respondent No. 2 Jambai filed a suit under sec. 15(d) of the D.A.R. Act wherein a decree was passed by the learned Civil Judge Dhandhuka on 23rd December 1948 whereby Jambai was ordered to pay Rs. 700/by five instalments. It was provided under the decree that

(3.) If any of the two instalments remain unpaid then the defendant do recover the entire moneys in respect of the instalments accrued and not accrued due by getting the suit property sold or the defendants take the actual possession of the suit property as the mortgagee for the amount that became so due and may go on enjoying the income thereof till the recovery of the mortgage debt. The defendants have today handed over the possession of the field in suit. But in case the plaintiff does not cultivate the said field himself for a period of six years from today then the plaintiff shall give the said field for cultivation as a cultivator to the defendant.