The ext.
12 8 0 per cent and to pay the principal and interest together on demand either to me or to my authority but has failed to pay anything either towards principal or interest.
In 1956, the said next friend filed an application under Section 37 of the Act which was dismissed as the learned companynsel for the next friend represented that he had numberinstruction.
Hence pray for direction for pay ment of Rs.
The father of the applicant died on 15.8.1946 and at that time the applicant was in the womb of his mother, opposite party No.
In the present application under Section 37 of the Act the only allegation made was that the applicant being the sole owner of disputed property after the death of his father the auction sale of the disputed property for satisfaction of the award was illegal and void and number binding on him and in other words Smt.
650 on 1 11 46 for family necessity and executed a pro note agreeing to pay interest on the principal at Rs.
On attaining majority, the present application was filed before the learned Munsif, which was dismissed.
2001 Supp 4 SCR 185 The Judgment of the Court was delivered by PHUKAN, J. In this appeal by special leave the appellant has assailed the judgment of the learned Single Judge of the High Court in Civil Revision Petition No.
The applicant was born on 25.3.1947.
The award was put into execution and the disputed suit land was auctioned.
By the award a charge was created over the properties mentioned in the award which included the present disputed land.
Briefly stated the facts are as follows The applicant before the learned Munsif, Kamalara is the son of the opposite party No.
Shri Narayan, opposite party No.
3 viz.
The opposite party No.
In ext.
Yenki, opposite party No.
Yenki.
In 1959 the brother in law of the applicant filed a civil suit for injunction restraining opposite party No.
Being aggrieved, an appeal was filed by the applicant, which was allowed and the revision petition filed by the appellant was dismissed, by the impugned order, by the High Court and hence the present appeal.
2 lent a sum of Rs.
1 purchased it in companyrt auction and took possession on 5.9.1956.
3, who executed a promissory numbere in his favour.
650 to the opposite party No.
650 being the principal and Rs.
2 filed an application against Smt.
3 under the provisions of the Act and obtained an award on 23.9.1948.
707 i.e., Rs.
Shri Ganpathi opposite party No.
P 5 is a document, which was filed in the original proceeding under the Act on the basis of which award was made.
P 5, in companyumn 4 under the heading full particulars of original loan and other loans and interest charged thereon the following particulars were furnished, namely The Debtor obtained of Rs.
The parties herein shall be referred to as arrayed in the application filed under Section 37 of the Bombay Agricultural Debtors Relief Act, 1947 for short the Act read with Section 47 of the Code of Civil Procedure before the learned Munsif at Sirsi, Karnataka.
1992 of 1977.
