SADASHIV RAMCHANDRA DATAR Vs. TRIMBAK KESHAV VAZE

JUDGEMENT

(1.) The facts which have given rise to this second appeal are these: The father of the present plaintiff mortgaged the house in suit on the 4th of December 1890 to defendant No. 1 for Rs. 1,000 with interest at 6 per cent. The plaintiff s father died in 1899 leaving a son, the present plaintiff and a widow the plaintiff s mother. In 1901 the mortgage claim was referred to arbitration by the defendant No. 1 and the mother of the plaintiff who was then a minor. An award was made in May 1901 under which the minor represented by his mother was to pay Rs. 1,000 and Rs. 200 and odd as interest with further interest at 6 per cent, on the principal within one month and that the property was to be sold in case the money was not paid within the time specified. The present defendant No. 1 applied to the Court on the 12th of June 1901 to have a decree in terms of the award, and the present plaintiff s mother filed a statement on the 13th of June 1901 in which she consented to a decree being passed in terms of the award and stated that she had no objection to the award being filed in Court. She appeared through a pleader. A decree was accordingly passed in terms of the award on the 19th of June 1901. In execution of the decree the house was sold in November 1902 and purchased by the present defendant No. 1 for Rs. 1,700.

(2.) On the 10th of August 1912 the plaintiff after attaining majority filed the present suit to set aside the decree passed in terms of the award. The defendants contested the suit and several issues were raised representing the rival contentions between the parties.

(3.) The trial Court on a consideration of the evidence found that the plaintiff was not bound by the decree on the award, nor by the sale in execution of that decree and that he was entitled to the relief on the footing of the original mortgage of 1896. The accounts were taken under the Dekkhan Agriculturists Relief Act as the plaintiff was an agriculturist, and a decree was passed in respect of the amount that was found due to the mortgagees on the mortgage.