MAHADEV RAGHUNATH GODBOLE Vs. RAMA TUKARAM DEVKOTE

JUDGEMENT

(1.) The appellant before us was the original plaintiff who in 1908 brought a suit in ejectment against the defendants. It was found, however, that the plaintiff was a purchaser from a mere mortgagee, and the Court consequently gave the defendants a decree for redemption. The sum to be repaid was Rs. 960, of which Rs. 550 were to be paid on 25th March 1909. The balance was payable by yearly instalments of Rs. 100. The defendants paid in all a sum of Rs. 660. In the meanwhile, however, they had lodged an appeal, and the lower appellate Court reversed and remanded the original Court s decree. Therefore on the 3rd August 1912 the defendants applied under Section 144 of the Civil Procedure Code asking for restitution in respect of the payments which they had made, and for interest at twelve per cent. There was an added prayer that in the event of the plaintiff failing to pay, his house should be attached and sold.

(2.) The lower Courts have ordered the sale of the plaintiff s house.

(3.) The plaintiff complains that since he is an agriculturist, his house is immune from sale under Section 22 of the Dekkhan Agriculturists Relief Act. If that contention is justified, then it would follow that the plaintiff must have an opportunity of proving that he is an agriculturist, such opportunity not yet having been afforded to him.