JIWAN SINGH Vs. SUBEDAR

JUDGEMENT

(1.) This is a D.H.'s appeal arising out of an application for granting a self-liquidating mortgage under Section 17, U.P. Debt Redemption Act.

(2.) A preliminary decree for foreclosure was passed giving six months' time to pay up the decretal amount. The decretal amount not having been paid, an application was made by the D.H. on 24-10-1945, praying that a self-liquidating mortgage of certain zamindari property belonging to the J.D. [including property which was not mortgaged] be executed in favour of the D.H. The judgment-debtor contested this application and urged that a self-liquidating mortgage could be executed only so far as the mortgaged property was concerned. Both the Courts below accepted the judgment-debtor's contention and allowed the objection. The decree-holder has now come up in second appeal to this Court.

(3.) Section 16, U.P. Debt Redemption Act, provides for execution of decrees against agricultural land of an agriculturist. Where the land of an agriculturist is sought to be sold in execution of a decree the section provides for the transfer of such land to the decree-holder upon certain calculations of the value of the land. Then Section 17 provides that :