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1964 Supreme(All) 75

M. C. DESAI, K. S. PATHAK
Kastoori Devi – Appellant
Versus
Guru Granth Saheb Mauqooa Guru Duwara Shri Guru Singh Sabha – Respondent


Judgement

PATHAK, J. : This is an appeal against an order arising out of execution proceedings.

2. The respondents obtained a mortgage decree against the appellants. The property which was the subject of mortgage was described in the mortgage deed as a house standing on a plot of land, the boundaries of the plot being set out. It seems that after the final decree was passed, the appellants constructed some other houses on the land and transferred them to third parties. The respondents applied for execution of the decree, and the executing Court directed sale of the property. An objection was filed by the appellants before the executing Court to the effect that only the house and the site under it were the subject of mortgage and not the land surrounding the house. It appears that it was also urged that in any event the houses constructed after the decree was passed could not be the subject of sale. This objection was dismissed by the executing Court, which found that the property consisting of the house originally standing on the land and the entire land situated within the boundaries mentioned in the mortgage deed were the subject of mortgage, and it held that all this property alon







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