Sec. 27 of the Urban Land (Ceiling and Regulation) Act does not apply to execution sales, as its scope is limited to transfer inter parties.

( 1 ) THIS appeal by judgment-debtor No. l in a mortgage-decree is directed Against the order dt. 6th October 1976 made in Execution Case No. 63 of 1975 on the file of the Court of the Civil Judge, Mangalore, S. Kanara, overruling the appellant's objections for sale of the mortgaged properties.

( 2 ) RESPONDENTS 1 to 4 obtained a decree on the basis of three mortgages in OS. 63 of 1973 on the file of the Court cf the Civil Judge, Mangalore, s. Kanara. A preliminary decree was passed on the basis of a joint memo filed by the parties on 26-3-1974. Under the terms of the said decree, judgment-debtors were liable to pay to the decree-holders a sum of rs. 1,00, 000 with interest thereon at the rate of 6 per cent per appum from the date of suit till the date of payment besides costs cf the suit lime was allowed for payment till 26-9-1974. Judgment-debtors having iailed to pay the decretal amount, the decree-holders applied for a final decree, and a final decree was passed on 17-1-1975. Even after the final decree, the judgment-debtors did not pay the decretal debt. Consequently the decree-holders were compelled to sue out execution seeking sale of the mortgaged properties.

( 3 ) JUDGMENT-DEBTORS filed their objections separately raising a contention, inter-alia, that the first judgment-debtor is a debtor entitled to the benefits of the Karnataka Agricultural Debtors Relief Act, 1966. That objection, however, was not pressed at the hearing. Thereafter, judgment-debtor no. 1 obtained leave to raise a fresh ground of objection based on the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called the 'act' ). The objection was that the mortgaged properties being situate within the limits of Mangalore Municipality, are properties to which the 'act' applied; that S. 27 of the Act contains a prohibition against transfer of any urban or urbanisable land without the previous permission in writing of the competent authority; and that such permission not having been obtained, the decree-holders were not entitled to bring the mortgaged properties to sale

( 4 ) THE learned Civil Judge heard the said objections and by a considered order overruled the same holding that S. 27 of the Act is inapplicable to execution sales.

( 5 ) AGGRIEVED by the said order, judgment-debtor No. 1 has preferred this appeal.

( 6 ) SRI M. Gopalakrishna, Shetty, learned Counsel for the appellant, pressed the same ground Of objection before us in this appeal. He submitted that S. 27 of the Act is not restricted to transfers inter-parties, but applies to and encompasses execution sales as well. The merit of this contention requires to be decided in this appeal.

( 7 ) IN order to understand the scope of the bar of transfers under S. 27 of the Act, it is necessary to refer to the preamble of the Act. The object of the Act as stated in the preamble is to "provide for the imposition of a ceiling on vacant land in urban agglomerations; for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view o bringing about an equitable distribution of land in urban agglomerations to subserve the common good". The Act provides for fixation of ceiling limit and acquisition of land in excess cf such ceiling limit.

( 8 ) SEC. 27 of the Act is found under Chap. IV. The heading of the said chapter is " Regulation of Transfer and use of Urban Property ". Sec. 27, which is the material section, reads :" 27. (1) Notwithstanding anything contained in any other law cr the time being in force, but subject to the provisions of sub-sec (3) of the S. 5 and sub-sec (4) of S. 10, no person shall transfer by way of sale, mortgage, gift lease for a period erceeding ten years, or otherwise, any urban or urbamsable land with a building (whether