477 of 1960.
2 to 7 deposited certain amounts and got their properties released.
on December 19, 1940, the respondents executed a joint usufractury mortgage in favour of Thakker Jethalal Dosabha the third appellant herein and another for a sum of Rs.
2 to 7 were companycerned.
2 to 7 under the said Act the amount of the decree was scaled down to Rs.
Defendants Nos.
Defendant No.
1,08.098 was passed by the trial companyrt.
1 was entitled to the benefit of the scaling down in favour of defendants Nos.
IV of 1938.
1 was companycerned, the decree for the full amount remained as it was.
The respondents are Bhayats and Girasdars of Dhanki village in Lakhtar Taluka of the Saurashtra region of the, Gujarat State. ,
CIVIL APPELLATE JURISDICTION CiVil Appeal No.
The Judgment of the Court was delivered by Hegde, J. This appeal by special leave arises out of the decision of Raju, J. of the Gujarat High Court in an application under s. 115 of the Code of Civil Procedure.
defendant No.
2 to 7 and prayed that full satisfaction of the decree may be recorded.
1 thereupon applied for scaling down, but his application was rejected.
38 of 1965.
A decree for Rs.
That application was filed by respondents Nos.
1 on his own behalf and on behalf of defendants Nos.
The Madras Agriculturists Relief Act was passed during the pendency of an appeal and cross appeal, and on the application of defendants, Nos.
1 to 3.
2 to 7 as the mortgage debt was one and indivisible.
N. Shroff, for the appellants.
1 deposited the balance of the amount that remained due under the decree as scaled down on the application of defendants Nos.
So far as defendant No.
A. Baxi, K. L. Hathi and Atiqur Rehman, for respondents Nos.
As they are the only companytesting respondents in this appeal, they will hereinafter be referred to as the respondents.
The Subordinate Judge rejected this application and the High Court, on appeal, held that defendant No.
1 to 3 herein.
The facts of that case were these In a suit to enforce a mortgage executed by defendent No.
SuP. CI/68 9 Appeal by special leave from the judgment and order dated February 12, 1963 of the Gujarat High Court in Civil Revision Application No.
49,255 so far as defendants Nos.
