GOVINDRAO NARHAR PINGLE Vs. AMBALAL MOHANLAL

JUDGEMENT

(1.) So far as the appeal is concerned, it must fail. We disposed of the points argued in the course of the hearing.

(2.) The cross-objections of the respondent must be allowed for the following reasons.

(3.) The appellant, who is found by the lower Court to be an agriculturist within the meaning of that term as defined in the Dekkhan Agriculturists Relief Act, had an award made against him and in favour of the respondent by arbitrators on reference without the intervention of the Court on a mortgage, with directions as to payment of the mortgage money and sale in case of failure to pay. The award was filed in Court by the respondent and a decree made in its terms. The respondent having applied for execution of the decree, the appellant prayed for relief under Section 15B of the Act. The lower Court granted the prayer.