FAIZUDDIN ALI KHAN Vs. TINCOWRI SAHA (AUCTION-PURCHASER)

JUDGEMENT

(1.) This is an appeal from an order passed by the Subordinate Judge of Murshidabad, under Section 313 of the Code of Civil Procedure, setting aside a sale of immoveable property, on the ground that the judgment-debtors had no saleable interest in it.

(2.) The decree, in execution of which the sale was held, was obtained by the appellants before us against Golap Kumari Barmania and Bhabani Kumari Barmania, widows of the late Narain Singh, upon a mortgage executed by them in favour of the decree-holders. After the sale had taken place, applications were made by the judgment-debtors and by the auction-purchaser for setting aside the sale, the former contending that the sale was vitiated by irregularity resulting in loss to them, and the latter contending that the judgment-debtors had no saleable interest in the property sold. The application of the judgment-debtors was disallowed, but that of the auction-purchaser was granted by the Court below, the learned Subordinate Judge being of opinion that the judgment-debtors, Golap Kumari and Bhabani Kumari, had no saleable interest in the property sold, as the property, which originally belonged to the husband of those ladies, had vested in one Janki Singh, who had been adopted by Bhabani Kumari in accordance with the permission of her husband, Narain Singh.

(3.) In appeal it is contended, on behalf of the decree-holders, that this decision is wrong, and that, firstly, the Court below ought to have held that the judgment-debtors, or rather one of them, Golap Kumari, was entitled to the estate as heiress of her deceased son, Shib Persad, in whom the estate had vested on the death of Narain Singh; and, secondly, the Court below ought further to have held that even if the estate was vested in Janki Singh, the adopted son, still it was saleable in execution of the decree obtained by the appellants, as that decree was based upon a mortgage executed by the widows for the satisfaction of the debts of their deceased husband.