GOVIND MAHIPAT DESHPANDE Vs. BALKRISHNA NARAYAN

JUDGEMENT

(1.) The petitioner's father in this case mortgaged the Kulkarniand Deshpande Watan lands to the opponent under two mortgage deeds, dated June 10, 1913, a August, 6, 1914, respectively, the former by himself and asguardian of his minor sons including the petitioner, and the latter by himselfalone, for cash consideration, The petitioner's father then instituted Suit No. 33 of 1920 in the Court of the Second Class Subordinate Judge, Athni, against the opponent for Recounts and redemption of the two mortgages under the Dekkhan Agriculturists Belief Act, The Subordinate Judge allowed redemption and passed an order that the plaintiff should continue to remain in possession of mortgaged land; that the plaintiff should pay to the defendant Rs. 2,210 and defendant's costs in this suit with interest on Rs. 1,460 from the date of suit till the date of realisation on or before June 8, 1921; and that on failure to pay to the defendant as stated above, defendant should apply to the Court for recovery of the sum by sale of sufficient portion of the mortgaged property.

(2.) The opponent in pursuance of the aforesaid decree filed a Darkhast No. 489 in the Civil Court at Athni and got the aforesaid watan property attached for sale. While the execution proceedings were thusgoing on, the petitioner's father, the original mortgagor, died, and the petitioner, the son of the deceased mortgagor, applied to the District Deputy Collector for issuing a certificate under Section 10 of the Watan Act stating that the property attached for sale was watan, and, therefore, inalienable, in order to enable the Court in which execution proceedings were pending to remove the attachment and any other & process then pending against the watan or any part thereof The District Deputy Collector made the following order on this application:- In the circumstances reported by the Mamlatdar, the Prant does not think is necessary to issue a certificate under Section 10 of the Watan Act. The applicant should be informed accordingly. It the lands are purchased by strangers the applicant may apply.

(3.) The petitioner now asks this Court to set aside this order and pass an order for issue of the certificate or such other order or orders as the Court may think proper.