JUDGMENT

KASLIWAL J.:—This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh at Jabalpur dated 12th December, 1974. This litigation has a long chequered history of more than five decades. The appellant, The Sagar Mahila Vidyalaya is an educational institution founded by a section of the public of District Sagar (M.P.) by giving donations and is duly registered under the Societies Registration Act (Act XXI of 1860). On 17th November, 1933 one Govind Rao Harshe had mortgaged some agricultural land and a house known as "Harshewada" to Lakshmi Chand and Chand Modi. The aforesaid mortgagees duly filed a suit and obtained a preliminary decree for sale on 14th July, 1937. A final decree for sale for the realisation of Rupees 5001/13/6 was passed on 26th March, 1938. on 29th March, 1938 the decree-holders applied for execution of the said decree. The execution of the aforesaid decree was stayed and in the meantime C.P. and Berar Relief of Indebtedness Act, 1939 came into force. The judgment debtor Govind Harshe along with his minor sons namely, Sadashiv Rao and Ram Chander Rao applied for settlement of the debts on 14th September, 1939 in the Debt