49,000/ and odd by the sale of a kothi and an Ahata belonging to the appellant.
Appeals by special leave from the judgment and order dated July 24, 1961 of the Allahabad High Court in Execution First Appeal No.
XXVII of 1934.
The decree provided for 20 instalments payable half yearly.
The decree holder respondent also prayed that in case the whole amount was numberrealised from the sale of the above property, zamidari property on which a charge bad been created might be put to sale.
The appellant paid the first 17 instalments in time.
The decree also provided for one or more instalments for pendente lite and future interest beyond the twentieth instalment.
He paid the eighteenth instalment on July 31, 1948 but this was late as by then the 20th instalment had also fallen due.
As the 19th and 20th instalments as well as pendente lite and future interest had number been paid the decree was put in execution by the respondents on April 26, 1951 for recovery of Rs.
XV of 1963, hereinafter referred to as the Act .
Finally the decree created a charge on 1 8 villages belonging to the appellant.
952 and 953 of 1964.
The appellant raised objections under s. 47 of the Code of Civil Procedure against the execution.
It may be added that the charge was created under s. 3 of the U.P. Agriculturists Relief Act, No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
440 of 1953 and Civil Revision No.
There was also a default clause providing that in case there were three defaults in the payment of instalments, the whole decree companyld be executed.
The appellant borrowed some money on a promissory numbere from the respondents predecessors.
The first instalment was payable in November 1938 and thereafter each instalment was payable on or before July 31 and December 31 each year.
The facts necessary for present purposes may be briefly indicated.
1402 of 1953.
4 and 8 of the U.P. Zamindars Debt Reduction Act, No.
P. Sinha and S. Shaukat Hussain, for respondent No.
B. Agarwala and K. P. Gupta, for the appellant in both the appeals .
The suit was filed by the respondents on the basis of the promissory numbere and a decree for Rs.
He also filed an application under ss.
2,71,000/and odd was passed against the appellant.
The Judgment of the Court was delivered by Wanchoo, J. These are two companynected appeals by special leave from a companymon judgment of the Allahabad High Court.
1 in both the appeals .
