KHEM CHAND Vs. MELA RAM

JUDGEMENT

(1.) A sum of Rs. 11,969/ - which was -secured by a duly executed mortgage of some immovable property, having been found due from the defendants judgment -debtors in favour of the decree -holders by the Honble Board of Judicial Advisers, the case was remanded to this Court by the Board with the direction that if the defendants are found to be agriculturists a decree in terms of the Agriculturists Relief Act be passed against the defendants. This Court found after inquiry that the predecessor -in -interest of the present judgment -debtors was an agriculturist.It was, therefore,held that his legal representatives, i.e. the present judgment -debtors were also agriculturists within the meaning of the Agriculturists Relief Act. A decree in terms of the Agriculturists Relief Act was drawn against the present judgment -debtors.

(2.) UNDER S. 11, Agriculturists Relief Act, a decree in a suit governed by the provisions of the A. R. Act shall besides decreeing the amount due direct that such amount shall be paid in one or more instalments provided that the whole of the unrealized balance of the decretal amount shall be recoverable in a lump at once in case default is made by a judgment -debtor in the payment of two or more consecutive instalments.

(3.) BY my order dated 9th Baisakh 2009, I fixed the amount of instalments at Rs. 270/ - to be paid by the defendants in the month of Jeth and Maghar every year. The amount and the time of payment of instalments were fixed by me with the concurrence of the parties and their learned counsel. The responsibility of the defendants to pay the instalments was declared to be individual and each defendant was ordered to pay Rs. 90/ - per harvest, that is to say, in the months of Jeth and Maghar. The defendants have made no payment to the plaintiff and have thus made default in the pay ment of more than two consecutive instalments. The plaintiff decree -holder has now made an application under O. 34, R. 4, Civil P. C. to the effect that as the judgment -debtors have failed to pay two consecutive instalments, therefore, a final decree be passed debarring the defendants from all rights to redeem the mortgaged property and that the mortgaged property be sold and the sum of Rs. 11,969/ - as found due from the mortgagor judgment -debtors be realized from the sale of the mortgage property as provided in the mortgage deed itself.