TATYAGOUDA RANOJI PATIL Vs. MOHODIN SULTAN MULLAIN

JUDGEMENT

(1.) This is an appeal under Section 47 of the Civil Procedure Code against an order made in appeal by the District Judge of Belgaum dismissing an execution application allowed by the Subordinate Judge of Chikodi.

(2.) The decree for Rs. 743-14-0 was made against the judgment-debtors in a suit to recover Rs. 700 due on a mortgage by she the of the mortgaged property, and was made on October 9, 1922. Tiff execution proceedings 1 were sent to the Collector to effect the sale of survey No. 175 of Bhivashi, after which the judgment-debtors put in an application contending that the property could not be brought to sale as it was mullanki, that is, held on a grant for the benefit of the Mulla and in consideration of his services to the village community.

(3.) The sanad has been produced, and one of its conditions is that the property should not be alienated. In the original Court it was contended that Secs.10 and 11 of the Watan Act applied, but though the grant calls it a watan, it is now conceded that it is not a watan under that Act, which relates to grants in consideration of services to Government: but one for service to the community, and this second class of grants does not fall within that Act. The contention was accordingly overruled by the learned Subordinate Judge on the authority of Purshottam Talvar V/s. Mudkangavda Shidangavda (1883) I.L.R. 7 Bom. 420.