SHAIK SALAM BIN MOHAMMED Vs. GULAM SADULLA KHAN

JUDGEMENT

(1.) This appeal on behalf of Shaik Salam Bin Mohammed is directed against the Order of the Hyderabad Jagirdars Debt Settlement Board, deted 4th July, 1956, rejecting the petition of the appellant under Order 21, rule 58, Civil Procedure Code. The facts which give rise to this appeal are : Sadasukh and Ladhuram obtained a decree against Sadulla Khan on the basis of an award on 2nd December, 1851 fasli. That decree was in the following terms.

(2.) A decree to the extent of Rs. 3,930 with a charge on the house 6032 and 6033 is given in favour of the plaintiff against the defendant in this way that the defendant should pay the decretal amount yearly in two instalments of Rs. 300 each, the first instalment by the end of Isfandar, 1352 fasli, and the second instalment in the month of Khurdad, 1352 fasli, and this would continue till 1355 fasli, and after 1355 fasli, Rs. 600 would be paid to the plaintiff and this amount will carry interest at the rale of eight annas till realisation; and if any default is made in the payment of the instalments, the plaintiff has a right to recover the balance amount by the sale of the property and if the said amount falls short he shall recover the same from the person and property of the defendant. In the circumstances, each party to bear his own costs."

(3.) In the execution of this decree, the decree-holders viz-, Sadasukh and Ladhuram, at (ached the house and when the same was being sold, the appellant herein filed an objection petition under Order 21, rule 58, Civil Procedure Code, in the City Civil Court. This petition was allowed on 20th October, 1952. Aggrieved by this order, the decree-holders went in revision to the erstwhile Hyderabad High Court.. That revision was allowed on 7th July, 1954. Subsequent to this, the appellant filed a regular suit in the City Civil Court under Order 21, rule 63, Civil Procedure Code. This suit was decreed on 21st December, 1955, on certain terms.