ABDUL SHAKUR Vs. MAHABIR PRASAD

JUDGEMENT

(1.) This is a decree-holder's appeal. The decree was passed on foot of a mortgage dated 28 March 1933, executed by Mahabir Prasad, respondent J, in favour of the appellant for Rs. 2500. The debt was charged on a house within the municipal limits of Banaras together with some agricultural land outside those limits.

(2.) On 24 October 1940, the appellant filed his suit on foot of the mortgage, but during the pendency of it, on 1 January 1941, the Debt Redemption. Act (XIII

(13.) of 1940) came into force. The appellant then gave a declaration under Section 4 of the Act that he would not proceed against the classes of property mentioned in that section. The suit was decreed for sale on 21 April 1941, permitting the plaintiff to realise his decree only from the house mortgaged.