Court : Allahabad
Decided on : Feb-22-1924
Reported in : (1924)ILR46All489
Walsh, J.1. Two questions are involved in this reference, The first is, whether the exemptions from attachment and sale in execution of a decree, contained in the proviso to Section 60 of the Code, apply to a mortgagee's decree for sale.2. I have had the advantage of studying the judgments of my two brothers. They fully cover the ground and it is not necessary to do so again. They differ fundamentally, and each judgment appears on the face of it to be unanswerable.3. On the one hand, the section distinctly prohibits the sale of this property in execution of a decree. On the other hand, as Mr. Justice Mukerji's judgment shows, there is much in the section which is inappropriate to a mortgagee's decree for sale.4. Where a section of an Act is capable of two renderings, or is said to mean less or more than it says, it is a maxim of interpretation that one must look at the scope and object of the enactment. For this purpose it is helpful to recall the history.5. The rights of a mortgagor h...
Tag this Judgment!Court : Allahabad
Decided on : Mar-10-1924
Reported in : 84Ind.Cas.599
Lindsay, J.1. My learned colleague and myself are agreed that the decree given by the Court below in this suit is erroneous but we differ, unfortunately, as to the relief which the mortgagee-plaintiffs are entitled to obtain. The principal facts are set out in my learned brother's order, but I desire to lay particular stress on the position and constitution of the family to which the mortgagors belonged and for this purpose reference must be made to the award made by Moulvi Farid-ud-din and Munshi Shaikh Shams-ud-din on the 26th July 1897. This document is to be found in Part III of the printed record of this case. Reference must also be made to a further award by Muhammad Rahmat Ullah in the year 1901, which is to be found in the printed record of First Appeal No. 193 of 1915, (see the appellants book, page 10 et seq).2. To deal first with the award of the 26th July 1897. This document sets out in detail the constitution of the family to which the mortgagors belong. Although a Muhamma...
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