A. RAMASWAMI Vs. K. VENKAMMA

JUDGEMENT

(1.) This appeal preferred by the judgment-debtor in O. S. (No. 41 of 1956 on the file of the Subordinate Judge's Court, Anantapur, raises the question as to whether a succession certificate should be obtained under Section 214 of the Indian Succession Act (39 of 1925) by the legal representatives of the decree-holder when they seek to execute the decree for sale of the mortgaged property.

(2.) The facts leading up to this appeal lie in a narrow compass and are these: A decree was obtained by one Parvathamma against the appellant on the foot of a mortgage executed on 214-1949 for Rs. 20,000/-. A preliminary decree was passed on 26-3-57 for Rs. 23,783-12-0 and this was followed up by a final decree for sale of the mortgaged property on 14-12-1957 as the judgment-debtor did not make deposit of the amount due under the mortgage. Sometime thereafter, the decree-holder levied execution in E. P. No. 60 of 1959 but she died in December, 1960. Thereupon, the present respondent filed E. P. No. 63 of 1961, which has given rise to this appeal, under Order 21, Rule 11 C. P. C. read with Order 22, Rule 3, C. P. C. as the legal representative of the deceased decree-holder.

(3.) The petition was resisted chiefly on the contention that the application was maintainable without a succession certificate under Section 214 of the Indian Succession Act.