SHIDAPPA LAXMANNA AGASAR Vs. GURUSANGAYA AKHANDAYA HIREMATH

JUDGEMENT

(1.) This case involves a somewhat difficult question of law arising under Secs.63 and 73 of the Civil Procedure Code.

(2.) The appellants are two decree-holders in darkhasts Nos. 281 of 1925 and 282 of 1925 in the Muddebihal Court. Darkhast No. 281 of 1925 was filed to recover Rs. 4,169-12 against respondent No. 2, the judgment-debtor. On November 18, 1926, one survey number of the respondent was sold for Rs. 8.200 out of which Rs. 800 were paid on November 19, 192b, and Rs. 2,400 were paid on December 8, 1926. The other darkhast No. 282 was filed to recover Rs. 9,609. On November 17, 1926, the decree-holder applied to set off the purchase-money against his decretal amount, and in execution all the lands in Bhaugargund were sold for Rs. 6,100. He was allowed to set off the whole of the decretal amount against the purchase- money, and paid one-fourth of the balance of the purchase-money on November 18, 1926, and three-fourths of the balance on December 3, 1926.

(3.) Respondent No. 1 Gurusangaya, an assignee of a decree in suit No. 78 of 1921 in the Court of the First Class Subordinate Judge of Bijapur, filed darkhast No. 439 of 1926 in the Court of the First Class Subordinate Judge to recover Rs. 11,951 by attachment and sale, and got all the properties belonging to the judgment-debtor attached on November 16, 1926. On November 27 he applied to the First Class Subordinate Judge to call for the proceedings in darkhasts Nos. 281 of 1925 and 282 of 1925, and the money in the Muddebihal Court for rateable distribution. On December 4, the Mamlatdar was informed of the order passed on the application. On February 25, 1927, the proceedings were received in Bijapur and the assets, viz., Rs. 3,200 in darkhast No. 281 and the balance of Rs. 2,491 in darkhast No. 282 were also received on that day.