MEWA SINGH Vs. RAJINDER PAL

JUDGEMENT

(1.) Petitioner purchased land measuring 24 kanals 8 marlas from Baru vide Sale Deed dated 1.12.1980. Land belonging to Baru was lying mortgaged with the respondent. Petitioner with whom the mortgage-money was kept at the time of execution of the Sale Deed, applied to the Collector for redemption of the land. Respondent, in response to the notice, appeared before the Collector and gave a Statement that he had no objection to receive the mortgage-money. On his statement, land was ordered to be redeemed vide order dated 3.8.1982. Respondent whose suit for mesne profits was pending against Baru, was decreed for a sum of Rs. 9,629.48. In the suit, mesne profits were claimed from Khariff 1977 to Rabi 1981. Initially suit was contested by Baru but his defence was struck off as he had failed to pay the costs. Execution was sought against Baru and the land which was sold to the petitioner was got attached in execution of the decree. Petitioner preferred objections but the same were dismissed. On appeal, the order of the trial Court was affirmed. This is how the petitioner has come in revision before this Court through the present petition.

(2.) Having heard the learned counsel for the parties, I am of the view that this civil revision deserves to succeed.

(3.) Admittedly, land was sold to the petitioner much before the filing of the suit for mesne profits. After sale, petitioner sought redemption of mortgage before the Collector. Land was ordered to be redeemed on payment of mortgage-money. Respondent did not raise any objection and received money in satisfaction of his mortgage. Counsel for the petitioner has placed on record copy of judgment and decree. From the decree, I find that it was a personal decree passed against Baru. Land was not charged for realisation of the decretal amount. In this view of the matter, remedy if any with the respondent is to recover the amount from Baru against whom the suit had been decreed.