BANSILAL AND ORS. versus MOHAMMAD ISRAIL AND ORS.

BANSILAL AND ORS. versus MOHAMMAD ISRAIL AND ORS.

A certificate issued under Section 13(3) provides only the right to recover the entire amount due in one lump-sum as if it were a final decree for recovery of money. It cannot operate as a final decree for foreclosure for delivery of possession; the execution must follow Order 34 of CPC.

Source-derived case information.

Parties
Appellant: BANSILAL AND ORS.; Respondent: MOHAMMAD ISRAIL AND ORS.
Jurisdiction
India
Judgment Date
19 October 2001
Procedural Posture
Civil Appeal No. 927 of 1991 / Appeal From Judgment and Order Dated 2.2.83 of the Bombay High Court in S.a. No. 277 of 1971
Outcome
Appeal dismissed.
Legal Topics
Mortgage Foreclosure, Interpretation of Relief Statutes, Execution of Mortgage Decrees
Property Law Debt Relief Mortgage Foreclosure Interpretation of Relief Statutes Execution of Mortgage Decrees

Source-derived case record

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Parties

BANSILAL AND ORS.

Appellant

MOHAMMAD ISRAIL AND ORS.

Respondent

Procedural Posture

Civil Appeal No. 927 of 1991 / Appeal From Judgment and Order Dated 2.2.83 of the Bombay High Court in S.a. No. 277 of 1971

Legal Issues

  1. 1 Whether certificate under Section 13(3) of Central Provinces and Berar Relief of Indebtedness Act, 1939 amounts to a final decree for foreclosure or sale
  2. 2 Nature and effect of certificate issued under Section 13(3)

Ratio Decidendi

A certificate issued under Section 13(3) provides only the right to recover the entire amount due in one lump-sum as if it were a final decree for recovery of money. It cannot operate as a final decree for foreclosure for delivery of possession; the execution must follow Order 34 of CPC.

Court Disposition

Appeal dismissed.

Orders

  • No order as to costs.