GOVIND RAM Vs. JWALA PRASAD

JUDGEMENT

(1.) THE only question arising for determination in this appeal is whether the agricultural lands and properties of the judgment-debtor are not liable to sale in execution of a mortgage decree against him. THE question arises under the following circumstances:

(2.) JWALA Prasad decree-holder-respondent obtained a mortgage decree against the appellant-judgment-debtor on 24. 10. 1953 on the basis of an award. In terms of the, decree he applied for the sale of the agricultural lands and other properties of the judgment-debtor. The judgment-debtor raised an objection that the lands and the properties in question could not be attached and sold in view of the provisions contained in sec. 24 of Regulation IX of 1926 (herein-after called the Regulation) read with sec. 60 of the Code of Civil Procedure. The Execution Court held that as the properties were being sold in execution of a mortgage decree the judgment-debtor was not entitled to object to the sale on the basis of the provisions of Regulation and sec. 60 C. P. C. and over-ruled the objections. The appellate Court affirmed the decision of the trial Court and dismissed the appeal. The judgment-debtor has filed this second appeal.