BHATT NANALAL BHOGILAL Vs. CHANDULAL BHAILAL PATEL

JUDGEMENT

(1.) This civil revision application is by a mortgagee challenging the order passed by the 6th Joint Civil Judge Junior Division Ahmedabad ordering him to submit accounts of the mortgage debt to the opponent who had purchased the equity of redemption of the mortgage at a Court sale in Darkhast No.131/53. The opponent had given an application under section 30(1) of the Bombay Money-Lenders Act for account of the mortgage debt. This application was resisted but was allowed by the Court below on the ground that the purchaser of the equity of redemption has a right to ask for accounts from the mortgagee.

(2.) Under section 30(1) of the Bombay Money-Lenders Act any debtor may make an application at any time to the Court whether the loan has or has not become payable for taking accounts and for declaring the amount due to the money lender. It is contended that the debtor is the original mortgagor and that the original mortgagor continues to be a debtor even after the property mortgaged has been purchased at an auction in execution by another person who purchased the equity of redemption at a Court auction sale. On the other hand it is contended for the opponent that the word debtor is not defined in the Money- Lenders Act and therefore it must be in a general sense as a person who is the indebted to another person. On behalf of the opponent it is contended that the decision in Nanubhai Mahijibhai v. Trikamlal 60 Bombay Law Reporter 1092 was under the B.A.D.R. Act and that it has no application to the facts of the instant case. It is also contended that the purchaser at the Court auction sale had purchased the right title and interest of the original mortgagor in the property mortgaged and that therefore it must be deemed that the personal liability to pay the debt was also transferred from the original mortgagor to the purchaser of the equity of redemption.

(3.) No doubt the word `debtor is not defined in the Bombay Money Lenders Act but the word `loan is defined in sec. 2(9) of the Act. Sec. 2 of the Act reads thus :