JUDGMENT

Sinha, J. - This is an appeal against an order of the learned Civil Judge of Muzaffarnagar by which he refused to extend to the appellant the benefits of the U.P. Debt Redemption Act (No. 13 [XIII] of 1940). The facts are these:

2. A mortgage was made many years ago by the appellant Shiam Sunder Lal A portion of the property covered by that mortgage was subsequently transferred by him under two usufructuary mortgages to Harnam Singh and Nand Kishore. Another portion went, under an auction sale, to a man named Chhajju Mal. It is important to bear in mind that under none of these transactions, the money payable to the mortgagee under the mortgage of 1914 was left in the hands of the transferees. It must be remembered that the whole of the property has not passed out of the hands of the mortgagor, Shiam Sunder Lal. The mortgage was put in suit and a decree was passed on its basis. The decree-holder put the decree in execution and Shiam Sunder Lal applied for the benefits of the U.P. Debt Redemption Act. The learned Civil Judge has held that, as the liability for the repayment of the debt has been transferred, the case falls within the mischief of Section 2, Clause (9) of the Ac