KR AITTAR SINGH Vs. MAHABIR PAL SINGH

JUDGEMENT

(1.) The appellant executed a deed of mortgage in the year 1922. Thereafter in the year 1929, he made a gift of part of the mortgaged property to his wife, Mt. Mahrani. This lady died two or three years later and then an entry was made in the register of proprietors that the judgment-debtor's second wife, Mt. Raj Koeri was in possession, although it is not contended that any transfer was ever made in her favour. On the death of Mt. Mahrani Kuer the judgment-debtor again inherited the gifted property.

(2.) A suit was instituted against him and Mt. Raj Koeri in the year 1934 for sale of the property on the basis of the mortgage and a decree was passed to that effect. Most of the mortgaged property had been transferred to third parties and that property has already been sold in execution of the decree. There remained only the property which had been gifted to Mt. Mahrani Kuer and which had reverted to the judgment-debtor. When the decree-holder sought to put this property to sale in execution of the mortgaged decree, the judgment-debtor raised the plea that he was protected under Section 17, U.P. Debt Redemption Act, 1940. There seems to have been no contest upon the question whether the judgment-debtor paid less than Rs. 25 a year as local rate.

(3.) The learned Judge of the Court below, however, rejected his plea that he was protected under the Act because of the transfer made in favour of Mt. Mahrani Kuer.