B. UPADHYA, R. DAYAL
Basant Lal – Appellant
Versus
Jagdish Narain – Respondent
JUDGMENT
R. Dayal, J. - This is an execution first appeal. The Appellant held a decree against the Respondent. In satisfaction of that decree he was granted a self-liquidating mortgage u/s 17 of the U.P. Debt Redemption Act in 1944. Before this mortgage could in terms be fully satisfied on account of the lapse of time the Zamindari Abolition and Land Reforms Act came into force on the 1st of July, 1952, and the persons who were usufructuary mortgagees on that date became simple mortgagees. The Appellant thereafter applied to the execution court for the execution of the decree for such amount which was considered due on the 1st of July, 1952, and which probably amounted to what the Appellant would have realised in the remaining period of the self-liquidating mortgage granted to him. The execution court rejected his application holding that there was no decree to be executed, the decree having been satisfied fully by the execution of the self-liquidating mortgage in 1944. It, therefore rejected the application.
2. We have heard the learned Counsel for the Appellant and are of opinion that the view taken by the court below is perfectly correct. The decree came to an end when the self-li
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