J.C.SHAH, K.N.WANCHOO, N.RAJAGOPALA AYYANGAR, P.B.GAJENDRAGADKAR, S.M.SIKRI
State Of Rajasthan – Appellant
Versus
Mukan Chand – Respondent
Judgment
SIKRI, JJ.-
( 1 ) , J. : This is an appeal directed against the judgment of the Rajasthan High Court, which granted a certificate under Art. 133 (1) (c ).
( 2 ) ONE Mukanchand, respondent No. 1 in this appeal (hereinafter referred to as the decree-holder) obtained a mortgage decree on 12/02/1954, for Rs. 1,14,581/14/6, with further interest at 6 Per Cent per annum, against one Rao Raja Inder Singh (hereinafter referred to as the judgment-debtor ). The mortgage money was advanced under three mortgages, and the mortgaged properties consisted of 2 jagirs and some non-jagir immovable property. The latter property was sold in execution and Rs. 33,750. 00 paid to the decree-holder in partial satisfaction of the decree. On 14/12/1956, the decree-holder filed an execution petition in the Court of the District Judge, Jodhpur, for Rs. 99, 965/3/6, praying for attachment of the amount of compensation and rehabilitation grant which would be paid to the judgment debtor on account of resumption of his jagir. This case was registered as Execution Case No. 12/57. On 29/07/1957, the judgment-debtor made an application before the District Judge, Jodhpur, to the effect that the decretal amount
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