GAURI SHANKER LAL Vs. TULSHI SINGH

JUDGEMENT

(1.) In my opinion this appeal must be dismissed.

(2.) The relevant fasts can be stated very-shortly. Three persons mortgaged sixteen villages to the appellant to secure an advance. In 1932 the appellant obtained a mortgage decree, but before any steps were taken to execute that decree the Co-operative Bank obtained a simple money decree against one of the mortgagors and in execution of that decree the interest of that mortgagor in eight of these sixteen villages was sold. The other two mortgagors (who are the present respondents) then applied under Section 8,. United Provinces Debt Redemption Act, 1940, for amendment of the mortgage decree. The learned Civil Judge dismissed the application on the ground that the mortgagors' liability for the repayment of the advance had, by virtue of the sale in execution of the decree obtained by the Co-operative Bank, been transferred to another person, and that therefore there was no loan within the meaning of Section 2 (9) of that Act. There was an appeal to the learned District Judge of Azamgarh who took a different view of the effect of the execution sale and allowed the appeal. The mortgagee now appeals to this Court,

(3.) Now Section 2 (9) which defines "loan," provides that that term shall not include an advance