BALBIR SINGH Vs. SHIVPURI GUNA KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) THIS appeal is by the defendant Nos. 3 and 4 challenging the portion of decree whereby sale deed executed in their favour by Jagdish Singh has been held to be ineffective in view of the property charged with the Bank on the date of execution of sale deed.

(2.) THE facts of the case are as under :--

(3.) PLAINTIFF has admitted that the loan was not for agricultural purposes but was provided to debtor under the self employment scheme to carry out his business of transportation. The said form is exhibited as ex. P-31. This form was executed on 10-12-87. In this form following lands of Village Survaya were kept as a charge by Jagdish Singh husband of respondent No. 3 Girija Devi. He has mortgaged 5. 612 hectares of land in Village Survaya, District shivpuri. The description of lands are shown in Paragraph 4 (d) of the plaint. The following seventeen survey numbers are included in said form of declaration which are reproduced below :- <FRM>JUDGEMENT_93_AIR(MP)_2005Html1.htm</FRM>