PARKASH KAUR Vs. SANDHOORAN

JUDGEMENT

(1.) THIS revision petition has been filed by the judgment-debtor against the judgment of the Additional District Judge, Amritsar, dated December 9, 1977.

(2.) BRIEFLY the facts are that on October 16, 1970, Smt. Parkash Kaur mortgage a house situated in Katra Sher Singh, Amritsar, to Smt. Sandhooran, for an amount of Rs. 5,000.00 vide a registered mortgaged deed. There was an arbitration clause in the deed wherein it was provided that any dispute arising between the parties would be referred to arbitration. A dispute arose between the parties regarding the payment of the amount and consequently the matter was referred to the arbitration of Mr. Kartar Singh Bagga, who held that Smt. Sandhooran was entitled to recover the amount of Rs. 5,812. 50, with interest thereon by sale for the mortgaged property. The award was filed in the Court and it was made a rule of the Court. Smt. Sandhooran filed an execution application against the judgment-debtor in the Court of Subordinate Judge First Class, Amritsar, who on July 27, 1974, ordered sale of the property. In pursuance of that order the property was sold on August 30, 1974 and was purchased by Suresh Kumar respondent.

(3.) THE executing Court held that notice under O. 21, R. 66 had been served upon the judgment-debtor and that application under O. 21, R. 89 was not maintainable. Consequently it dismissed the objection petition of the judgment-debtor. She went up in appeal before the Additional District Judge, Amritsar, who dismissed it. She has come up in revision to this Court.