BHAGIRATH BHANA BANJARA Vs. BALKRISHNA GANPAT NEEMA MAHAJAN

JUDGEMENT

(1.) The facts giving rise to this petition for revision are few and simple.

(2.) Opponent Balkrishna obtained a mortgage decree against Dalpat. While this suit was pending Dalpat exchanged the mortgaged property with another property belonging to the present applicant Bhagirath. This exchange was ejected after due sanction of the Revenue Authorities and the mutation of names was effected accordingly. Balkrishna after obtaining the mortgage- decree "sought execution thereof against Dalpat. As the decree-holder sought sale of an agricultural holding the decree was transferred to the Collector. After the transfer of the decree to the Collectorate Dalpat died. Thereupon the Deputy Collector Khargone who was dealing with the execution sent back the decree along with the information regarding Dalpat's death.

(3.) Thereupon an application was submitted on behalf of the decree-holder for continuing the execution against his minor son Rukhadoo with his mother Gogalibai as his guardian and also against Bhagirath to whom the mortgaged land had been made over by Dalpat by means of a transaction of exchange. In the petition he called both Rukhadoo and Bhagirath as his legal representatives. Bhagirath appeared on notice to him and contended that he could not be proceeded against as Dalpat's legal representative. He however admitted the fact of exchange pendente lite.