H. R. KRISHNAN, J.

( 1 ) THIS is a second appeal in execution by the judgment-debtor in a mortgage decree for a sum of the order of 2000/ -. from. the concurrent judgments that the executing Court is rot competent at this stage to go behind the decree and hold it to be illegal and inoperative. The only question is whether at this stage the decree is found to be so patently illegal for want of jurisdiction or for some other reason that the executing Court can refuse to execute it.

( 2 ) THE facts of the case are simple. The appellant, who is a cultivator, borrowed money and mortgaged some of his agricultural lands. The loan not being repaid there was a suit; in the trial Court all that the debtor wanted was accommodation for payment by instalments. which was refused and a decree was made expressly described as one with a mortgage on the lands mentioned there. When it was being put into execution the judgment-debtor made out that the decree was bad as a mortgage decree because he had mortgaged his agricultural lands in contravention of the provisions of Section 72 of the Madhya Bharat Land Revenue and Tenancy Act; the mortgage having left over for him only 6 and not 15 acres of land

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