RAJ KUMAR MOHAN SINGH Vs. SARDAR ALI KHAN

JUDGEMENT

(1.) This is an execution first appeal arising out of an order of the Civil Judge, Malihabad at Lucknow, dated 24-2-1951 whereby he dismissed an application of the decree-holder appellant for the transfer of a decree from his court to the court of the Civil Judge, Bahraich.

(2.) It is necessary to state a few facts in order to appreciate the questions that arose for determination in this appeal.

(3.) A decree for money was passed on 6-5-1931 for a sum of Rs, 246203/- odd, in favour of Raja Bahadur Bushimalh Saran Singh of Tiloi against Khan Bahadur Mohammad Ali Khan of Aliabad Estate in Baharich District. The first application for execution was made in the year 1932 which, however, proved abortive. But it appears that on 10-8-1933 a sum of Rs. 44129/odd, were received by the decree-holder towards part satisfaction of the decree.