PUNJAB AND SINDH BANK LTD Vs. MOHD YAKUB

JUDGEMENT

(1.) These are several appeals (Regular First Appeals Nos. 120 to 128 of 1950, and Regular First Appeals Nos. 156 to 165 of 1948) filed by the Punjab & Sind Bank Limited for modification of the decrees passed by the trial Judge in civil suits where instead of passing mortgage decrees under order XXXIV the trial Court only passed personal money decrees against the defendants.

(2.) The civil suits were filed on the 3rd December 1947 against Mohammadan defendants on the basis of equitable mortgages. As the defendants had gone away, the Custodian was impleaded and a plea was taken by the Custodian that the suits were barred under Section 8 of the Act XIV of 1947, and he also pleaded ignorance of the mortgages. Three issues were raised by the defendants and they were (1) Did the defendants, other than the Custodian, mortgage the property in dispute in the different suits with the plaintiff? When and on what conditions? (2) Is Section 8 of Act XIV of 1947 a bar to a decree for sale being passed? (3) Are the suits within time? The Subordinate Judge held that the mortgages were proved, that a mortgage decree under Order XXXIV could not be passed but only a simple money decree could be passed and therefore he passed simple money decrees against the defendants. The Bank has come up in appeal to this Court and prays for mortgage decrees to be passed in the various suits.

(3.) The original Act was the East Punjab Evacuees' (Administration of Property) Act of 1947 which came into force on the 13th December 1947. Section 8 in that Act was as follows: