KHARVA GIGABHAI MAVJI Vs. SONI JAGJIVAN KANJI

JUDGEMENT

(1.) Since an identical question of law has been raised on behalf of the judgment-debtors in these matters arising out of the exe- cution proceedings I intend to dispose them off by this common judgment. A few facts need be noticed in order to appreciate the question raised in its proper perspective

(2.) The respondent of First Appeal No 147/77 is a decreeholder who has sought the execution of the consent decree made in Special Civil Suit 13 of 1973 on the file of the Court of Civil Judge (S.D.) Jamnagar for a sum of Rs 17 823 Ps to be realised from the sale of the mortgaged property mortgaged under the deed of mortgage of July 17 1969

(3.) The judgment-debtor (Appellant) resisted the execution application contending inter alia that the mortgaged property could not be put to court auction and transferred by the sale in view of the provision contained in sec. 27 of the Urban Land (Ceiling and Regulation) Act 1976 which will hereinafter be referred to as the Ceiling Act for the sake of convenience.