RUSTAM KHAN Vs. AHMAD BUX AND OTHERS

JUDGEMENT

(1.) THIS special appeal is directed against the judgment of N.U. Beg, J., dated 4-2-1960, dismissing Execution First Appeal No. 346 of 1955 filed by the judgment-debtor-Rustam Khan.

(2.) RUSTAM Khan, the judgment-debtor-appellant was a defendant in a suit filed under S. 92, C.P.C. by the respondents-decree-holders in the Court of the District Judge, Agra. The learned District Judge dismissed the suit. Against this decree First Appeal No. 154 of 1947 was Bind in this Court which was allowed by Agarwala and Asthana, JJ. on 20-4-1958. The operative portion of the judgment of the learned Judge reads :

(3.) WE have heard Sarvasri S.B.L. Gour and B.R. Avasthy for the appellant and Dr. Asthana and Sri N.B. Asthana for the respondents. The following two submissions have been made on behalf of the appellant :