KUNDANLAL NANDKISHORE Vs. RAMCHARAN DEOKARAN

JUDGEMENT

(1.) THE defendant appeals in a suit for possession based on a sale deed, Ex. P-4, executed by the Debt Relief Court on 18th June 1942 on behalf of the defendant Kundanlal in favour of the plaintiff Ramcharan. The facts are as follows.

(2.) THE plaintiff obtained a final decree for sale on 25th August 1934 on a mortgage in Civil Suit No. 180/33. He also obtained a simple money decree on 29th November 1933 in a Small cause court Suit No. 1760/33. The defendant went to the Debt Conciliation Board and obtained conciliation of all his debts except the two decretal debts set out above. As the plaintiffs refused to accept what the Board considered was a reasonable offer, the Board issued a certificate under Section 15, Debt Conciliation Act. These facts are to be found in Ex. D 2.

(3.) THE defendant failed to carry out the agreement. Accordingly, the plaintiff applied to the Debt Relief Court and asked it (1) to execute a sale deed on behalf of the defendant and (2) to direct the defendant to deliver possession of the property. The first prayer was granted and the sale deed in suit was executed by the Debt Relief Court on behalf of the defendant on 18th June 1942. The second prayer for possession was dismissed on 18th December 1942 by the order contained in Ex. P-1.