SUKRA Vs. RAM HARAKH

JUDGEMENT

(1.) On 1-8-1928, some trees standing on a plot of land, described as a Tank, & house with trees, were mortgaged to Makhdoom to secure the repayment of a loan of Rs. 175. The mtgee. sued to enforce his mtge. & obtained a preliminary decree on 24-10-1934. This decree directed that, unless the entire sum due under the mtge. was paid by 24-4-1935, the mortgaged property (which is fully described in the Schedule) or a sufficient portion of it be sold. It further provided : "(3) That if the net proceeds of the sale are insufficient to pay such amount & such subsequent interest & costs in full, the pltf shall be at liberty to apply for a personal decree for the amount of the Balance."

(2.) This decree was made final on 6-3-1938, & the first appln. for execution was made by the decree-holder on 10-12-1940. On 21-1-1941, this appln. was consigned to the records. A second appln. for execution was made on 11-3-1943. An objection was then taken on 16-4-1943, by the judgment-debtors that they were agriculturists & that accordingly the decree should be amended by reducing interest. This appln. was allowed & the decretal amount was reduced to Rs. 175. Thereafter the execution appln. was consigned to the records.

(3.) On 15-9-1944 a third appln. was made for execution of the decree. On 5-5-1944, the judgment-debtors objected that they were agriculturists & that by reason of the provisions of the U. P. Debt Redemption Act, the trees, which are scattered trees & not a grove, could not be sold & the house could not be sold because it was the residential house of an agriculturist used for agricultural purposes.