RAM KALI Vs. KULDEEP CHAND

JUDGEMENT

(1.) BEFORE giving the facts arising out of the present Second Appeal, it is essential to give a brief background of the facts which led to the filing of the present suit and, consequently, the present appeal.

(2.) IN 1932, Abdul Hai executed a mortgage in favour of Hazari Lal for a sum of Rs. 10,000/- repayable with interest in respect of certain properties which included a grove and a shop. Hajari Lal instituted a suit No. 21 of 1946 for the recovery of Rs. 14,987. 50 due to him on the mortgage. In this suit, Hajari Laj prayed that 1/4 share of Abdul Hai be partitioned and a decree for the recovery of the amount be passed. The parties entered into a compromise which was recorded by the Trial Court on 23. 3. 1948 and, on 1. 7. 1948, the suit was decreed and the decree holder, namely, Hajari Lal became entitled to recover a sum of Rs. 10,000/- alongwith interest @ 3% per annum. The Court also appointed a Commissioner for the purposes of charging the property as specified in the plalnt. Based on the aforesaid, a preliminary decree was drawn on 4. 8. 1948.

(3.) IN the meanwhile, Abdul Hai died and the heirs of Abdul Hai sold a property, namely, a grove in favour of Jugal Kishore by means of a sale deed dated 21. 3. 1959. By another sale deed of the same date, i. e. , 21. 3. 1959, the heirs of Abdul Hai also sold l/4th portion of the shop to the sitting tenant, Mool Chand. In I960, the tenant, Mool Chand died leaving behind Basant, Sukh Lal, Kamla Devi and Kaushalya, as his heirs and legal representatives.