BAI GANGA Vs. RAJARAM ATMARAM

JUDGEMENT

(1.) In the year 1897 a decree was obtained upon a mortgage under which the mortgaged property was sold and the sale-proceeds proved insufficient to satisfy the judgment debt, the balance of Rs. 581 remaining payable according to the terms of the decree by the mortgagors. The mortgagee was also the holder of another mortgage executed by the same mortgagors upon other property. One of the mortgagors after the decree had been passed died, and his mother who was the surviving mortgagor, instituted a redemption suit to redeem the other mortgage which had not been the subject of the decree and which for the sake of convenience we will speak of as the mortgage of property B. She obtained a decree for redemption and an order for payment of the mortgage-debt by installments, the mortgagee being entitled to a charge on the property B until his claim was satisfied.

(2.) In August 1908 before twelve years had elapsed from the passing of the decree of 18 97, the mortgagee applied for execution against property B in respect of the unpaid balance of Rs. 581 payable under the decree.

(3.) The execution was resisted and the application came on for argument before the Subordinate Judge on the 3rd of February 1909. He held that an attachment was permissible even though Section 99 of the Transfer of Property Act applied.