SITA RAM Vs. SHARDA NARAIN SINGH

JUDGEMENT

(1.) On 14th July 1920, six persons including one Shanker Singh, executed a deed of mortgage to secure repayment of a sum of Rs. 25,719 borrowed from Manharan Nath and Kailash Nath, Among the properties mortgaged was a 1/12th share of Patti No. 228, thok Chauhan, in Hardoi.

(2.) On 19th February 1929, the mortgagees obtained a decree for sale, They proceeded to execute their decree, but, on 12th September 1933, the judgment-debtors applied for permission to sell the property by private sale, and permission having been granted, three of them, including Shankar Singh, sold their shares of the patti to Raja Durga, Narain Singh of Tirwa, who is now represented by Raja Sharda Narain Singh, respondent No. 1. Another judgment-debtor, Makund Singh, executed a mortgage in favour of the Raja.

(3.) The money due in respect of their shares of the decretal amount was left by the four transferors with the Raja to be deposited in Court, in order to satisfy the decree. Accordingly on 18th September 1933, the Raja deposited Rs. 24,716-6-0, the exact amount which had been left with him, and the two judgment-debtors, who had not made any transfer, deposited the balance. Thus the decree was satisfied and the execution proceedings terminated.