AKHARA PANCHAYATI KALAN UDASIAN THROUGH MAHANT BISHEN DASS MUNTAZIM AKHARA, CASTE UDASI OF KANKHAL, PARGANA JWALAPUR Vs. MUSAMMAT BIMLA WATI AND OTHERS

JUDGEMENT

(1.) This is an appeal of Akhara Panchaiti Kalan Udasian, who were defendant in the suit. The suit was filed under the following circumstances, as will appear from the plaint: One Lala Har Prasad was the owner of property. Before he died, he executed a mortgage deed for Rs. 6,0001- with interest at the rate of -|10|-per cent. per month in favour of the defendant Akhara on the 21st of Jan., 1928. After the death of Lala Har Prasad, his two widows Smt. Chandrawati and Smt. Mokhani became his heirs to the estate and acquired a life interest therein and entered into possession of the property. The two widows aforesaid in the month of May, 1935, made an application under the Encumbered Estates Act in the court of the Second Special Judge, Saharanpur, to secure liquidation of their thus band's debt. Thereafter Smt. Mokhani died in the month of Sept., 1935, and the name of defendant no. 3, namely, Smt. Bishan Devi, a daughter of Lala Har Prasad was entered in place of Smt. Mokhani in the suit under the Encumbered Estates Act. In the Encumbered Estates Act proceedings the mortgage of 1928 was shown and the property in village Bhawapur, pargana Jwalapur, mentioned in Schedule A of the present plaint was shown as hypothecated under the aforesaid mortgage deed. Besides the said property, Lala Har Prasad had left other properties, movable and immovable, and they are entered in Schedule B of the present plaint and they form part of his estate and were also shown in the Encumbered Estates proceedings.

(2.) We may here mention that by mistake-an item of property was entered in the present Schedule B which should have been shown in Schedule A, because it was part of the property mortgaged under the mortgage deed referred to above.

(3.) In the Encumbered Estate, Act proceedings a simple money decree was passed in respect of the mortgage debt in favour of the Akhara and thereafter the decree was transmitted to the Collector for liquidation along with a list of the properties liable for attachment, sale or mortgage in satisfaction of the debt. This was done under Sec. 19 of the U. P. Encumbered Estates Act and non-mortgaged property of Lala Har Prasad was also included in the list.