LAKSHMAN MAHADEV BANKER Vs. RAMCHANDRA KISAN MOHITE

JUDGEMENT

(1.) This appeal arises out of a claim in execution proceedings. The claimant is the appellant.

(2.) I will shortly state the facts which lead up to the question that I have to decide. There was an agreement, on June 4, 1922, between the claimant and the judgment-debtor. By it the judgment debtor agreed to execute a mortgage in favour of the claimant for Rs. 700. Rs. 500 out of this amount had already been paid. He was to pay an additional Rs. 200. No such mortgage was executed. The claimant then brought a suit, about three years after his agreement; and, on February 26, 1925, obtained a decree for specific performance of his agreement.

(3.) Nearly two years after the claimant's decree, i.e., on December 10, 1926, the defendant (respondent) also obtained a decree against the judgment debtor. The defendant's decree was a money decree, He was as prompt to take steps in execution, as the claimant was dilatory. On December 23, 19 26, the defendant attached, in execution of his decree, the property, which forms the subject of the suit, and in regard to which, nearly three years earlier, the claimant had obtained his unexecuted decree (for specific performance of an agreement to mortgage).