(1.) The appellant here is the judgment-debtor-mortgagor, and the decree had been obtained against him before the introduction of the Dekkhan Agriculturists Relief Act into the Dharwar District.
(2.) That decree provided for payment of the mortgage-debt in three instalments, and it was ordered that if default were made in the payment of any instalment, then the mortgagee was to be empowered to bring the property to sale.
(3.) Default having been made, an application was presented by the mortgagee for the sale of the property. This application was granted by the First Class Subordinate Judge at Dharwar.