SUKLYA JAIRAM PATIL Vs. SUKLAL MOTICHAND VANI

JUDGEMENT

(1.) The point for our decision in the present case is substantially this, whether a decree made under the provisions of Section 15B of the Dekkhan Agriculturists Relief Act is a decree-nisi requiring to be made final. The matter arises in this way. In 1897, the father of the first defendant and another mortgaged certain property for Rs. 125 to the plaintiff, In 1910, the plaintiff sued to recover Rs. 250 upon this mortgage. On March 27, 1911, a decree was passed in plaintiff's favour in the following terms:- Defendants to pay Rs. 182 and cost to plaintiff within six months from this (Sic), and in default plaintiff to apply to the Court for an order for sale of defendant's interest in the mortgaged property under Section 15B of the Dekkhan Agriculturists- Relief Act.

(2.) The time allowed for payment expired on September 27, 1911, and from that date onwards at intervals of three years various applications were made by the plaintiff to the Court for the purpose of the execution of the decree.

(3.) It is unnecessary to go into the details of those applications. It is sufficient to say that the view was taken that as the decree had not been made final, no order for execution could be made. Finally, on April 22, 1920, the plaintiff applied specifically to make the decree final, and was met by a plea of limitation. The Judge of the lower appellate Court holding that no application was necessary to make the decree final, treated this application as an application under Section 15B, and regarding the previous applications as steps-in-aid of execution, held that the Darkhast was in time; and should be proceeded with according to law.