' Respondents applied for House Building Loan, which was allowed. Later the instalments were not paid which resulted in filing of a petition under section 30(10) of the House Building Finance Corporation Act, 1952. During pendency of the case, the learned Additional District Judge allowed payment of the amount due, in instalments with the observation. That if two instalments would not be paid, the total amount will become due. Appellant applied for execution and also filed the present appeal to challenge the order of payment through instalments. Learned counsel for the appellant submitted that without consent of the appellant, instalments could not have been allowed. In reply, it is submitted that respondents made certain payments after order of the Court and that under the Prime Minister's Incentive Scheme, the respondent No,1 being widow is entitled to lenient consideration. It is added that the respondents are applying for appropriate relief.
Learned counsel for the appellant submits that as and when the application is filed, the same will be dealt with on its own merits, according to the policy and law.
2. It appears that the respondents are claiming protection as a widow. The Government has given some incentive to adopt relaxing attitude towards the cases of widows. Respondent is making application for the appropriate relief. The statement filed in this Court also shows that some payments were made by the respondent, after order of the learned Additional District Judge. In this view of the matter, the proper course will be that the respondent shall make application for availing the benefit of the incentive given by the Government A and on decision of the application, if the amount is still found due, the appellant would be allowed to proceed for execution of the decree, in accordance with law. The executing Court, will proceed in the execution after receiving the final decision on the application for grant of benefit under the Prime Minister's Incentive Scheme.
3. Application will be filed by the respondents within 15 days, which will be decided by the appellant within one month. If no application is filed within the stipulated period, the executing Court will proceed in the execution petition.
4'. Disposed of in the above terms.