KEWAL CHAND Vs. CHANDMAL

JUDGEMENT

(1.) THIS is a special appeal against the judgment of a learned single Judge of this Court by which he affirmed the order of the Civil Judge, Ajmer in execution case No. 85 of 1970.

(2.) THE facts leading to this appeal are these: One Hariram and his four sons including the appellant took a loan of Rs. 7,000 from respondent Shri Chandmal By way of security properties situated at Beawar were mortgaged with Chandmal respondent wide mortgage deed dated 28-5-1949. Interest payable under this deed was 12% per annum. Stipulated period for payment of the debt having expired, the mortgagee claimed the entire amount. THE mortgagors wanted some remission in the interest and asked for sometime to make the payment. THE parties agreed and appointed Shri Durga Prasad of Beawar to decide their dispute for determining the liability of the mortgagors and to fix time for payment of the amount due. This agreement was reduced into writing by the parties on 28-10-1953. In consequence of this agreement Shri Durga Prasad gave an award, fixed the liability of the mortgagors to Rs. 10,071/3/9. He also awarded interest 12% per annum upto 9-8-1954, and thereafter the interest allowed was at the rate of 9% per annum. Award was referred to the Court and the Sub-Judge, Beawar by its order dated 18-3-1957 made the award a rule of the Court. It is this decree which came for execution before Civil Judge, Ajmer. Kewalchand appellant, one of the debtors raised objection under sec. 47 C. P. C. before the executing court but they were rejected on 28-7-1972. Kewal Chand then preferred an appeal before this Court and the learned single Judge by his order dated 30-3 1973 dismissed the appeal.