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 Judges 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 seen 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 ore Parvathamma against the appellant on the foot of a mortgaged executed on 21-4-1949 for Rs. 20,000.00. A preliminary decree was passed or 26-3-57 for Rs. 23,783-12-0 and this was followed up by a final decree for sale of the mortgaged properly 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 de-ceased decree-holder.

(3.) The petition was resisted chiefly on the contention that the application was not maintainable without a succession certificate under Section 214 of the Indian Succession Act