GANESH SINGH Vs. DEBI SINGH

JUDGEMENT

(1.) This second appeal Arises out of Execution Proceedings, taken by one Ganesh Singh on the basis of a compromise decree obtained by him on the 29 of August 1907.

(2.) On the 8 of March 1907, Debi Singh had executed a deed of usufructuary mortgage in favour of Ganesh Singh. Possession over the property mortgaged was, however, not given and in consequence Ganesh Singh brought a suit for possession. The parties came to terms with each other with the result that in accordance with the compromise a simple money decree was passed in favour of Ganesh Singh. One of the terms of the compromise embodied in the decree was that the decree was not to be executed for 2| months. At the end of this period as payment had not been made, Ganesh Singh asked the Court to attach, and bring to sale the property which had formed the subject-matter of the mortgage dated the 8 of March 1907.

(3.) The judgment-debtor objected that the mortgagee was not entitled to bring this property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage (Order 34, Rule 14 of Act No. V of 1908).