SUKHNANDAN LAL Vs. MUSAMMAT RAJ KALI

JUDGEMENT

(1.) ON 19-3-1938, a preliminary decree for sale was passed in favour of Sukhnandan Lal and others mortgagees on the basis of a mortgage deed executed by Chhottan Lal in their favour in 1928 with respect to zamindari property and houses. The decree was against Chhottan Lal, mohammad Akram Khan, Mohammad Azam Khan and Mohammad Umar Khan subsequent transferees from Chhottan Lal and Srimati Chhajia who had a subsequent mortgage and a deed of further charge over the mortgaged property. Chhottan Lal died on 12-5-1949, and Srimati chhajia on 1-9-1938. Their legal representatives were duly brought on the record.

(2.) AZAM Khan and Umar Khan, two of the judgment-debtors, appealed against that decree in november 1936. The appeal was dismissed on 27-10-1942.

(3.) DURING the pendency of the suit Chhottan Lal applied under Section 4 of the Encumbered estates Act on 29-10-1936. He did not mention the debt under this mortgage or decree in his written statement under Section 3 of the Encumbered Estates Act. Sukhnandan Lal and others decree-holders too did not file any claim under Section 10 of the Act. The Special Judge passed decrees under Section 14 of the Act on 27-5-1941.