MURLIDHAR Vs. URBAN CO-OPERATIVE BANK LTD

JUDGEMENT

(1.) THIS is an appeal by the iudgment debtors against an order of the executing court.

(2.) THE material facts are these. Mohanlal borrowed a sum of Rs. 18,500/-from the urban Co-ouerative Bank. Ajmer on 3rd September 1930. Chand-mal stood surety for the repavment of the loan. An award was given on 16-1-32 in favour of the urban Co-operative Bank under rule 18 of the Rules framed under Section 43 of the Co-operative Societies Act II of 1912 (Central ). It was for Rs. 20,681-14-9. It was reduced to Rs. 19. 756-14 on revision. The first execution application was filed by the Bank in the civil Court under the aforesaid Rules on 26-2-32. Six of the mortgaged properties were sold for Rs. 15,968-8-9 and the amount was withdrawn by the Bank. On 14-12-39 the execution application was consigned to the record room in part satisfaction.

(3.) EARLIER Ram Chander filed a suit on 31-8-39 for redemption of two out of the six properties which had been sold in execution of the award and one of the properties mortgaged by Mohanlal in favour of the Urban Co-operative Bank which remained unsold. This suit was decreed in favour of Ram Chander. This decree became final on 27-12-51. Ram Chander died on 9-1-47 and Mohanlal died on 13-9-49. Smt sua Devi who filed the present appeal was the widow and legal representative of mohanlal. She also died on 14-6-66 and Murlidhar and Loon Karan, have been brought on record ag her legal representatives. Ram Chander executed a will in favour of Smt. Sua Devi before his death on 9-1-47. beaueathing the three properties to which the civil suit related upon her.