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1964 Supreme(Pat) 2

RAMRATNA SINGH
Ram Nath Modi – Appellant
Versus
Anardei Devi – Respondent


Judgment

Ramratna Singh, J.

1. This appeal by the executing decree-holders is directed against an order of the Special Subordinate Judge of Ranchi holding that they were not competent to proceed with the execution in question and that the execution is barred by limitation. The facts giving rise to this appeal are these. The Central India Spinning, Weaving and Manufacturing Company Ltd. (proforma respondent No. 10) instituted on 21-9-1934 mortgage suit No. 47 of 1934 against Khemraj Jamanadhar and others, whose heirs are the principal respondents 1 to 9. The suit was decreed on compromise sometime in 1936. The terms of the compromise were that the entire mortgage dues were settled at Rs. 7000.00 and the mortgagors defendants would execute a sale deed for the three items of the mortgaged properties for this amount. The defendants did not execute the sale deed as agreed and there was an application in the suit itself to have the sale deed executed by the Court according to the compromise. A dispute arose whether plots 1523 and 1425 were also to be included in the sale deed, that is, whether these plots were also the subject-matter of the mortgage. The Court held on 27-6-1936 that those



































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