SYED MOHAMMAD MEHDI Vs. SYED ZAINUDDIN HASSAN MIRZA

JUDGEMENT

(1.) This appeal is by one of several judgment-debtors

(2.) The facts material for the decision of this case are these : Nawab Mehdi Begam and others brought Rent Suit No. 13 of 1937 in the Court of the Subordinate Judge, Purnea, as against the judgment-debtors for Patni rent etc. On the 30th. January, 1939, the said suit was decreed with costs. The decree-holders filed execution Cases Nos. 101 of 1941 and 16 of 1946 in the Court of the Subordinate Judge, Purnea, but these were dismissed. In 1951, the decree-holders applied in the Court of the Subordinate Judge. Purnea, for a certificate to be sent to the Court of the Subordinate Judge at Patna for execution of the decree in the above suit. On the 22nd January. 1951, the Subordinate Judge of Purnea ordered that a copy of the order with a copy of the decree and a certificate of non-satisfaction be sent to the District Judge, Patna. On the 29th January, 1955, the decree-holders filed Execution Case No, 8 of 1951 in the Court of the Subordinate Judge, First Court, Patna, for satisfaction of the decree by attachment and sale of the Milkiat properties and houses of the judgment-debtors. On the 18th December, 1951, the appellant filed an objection petition before the Subordinate Judge, First Court, Patna, which was numbered as Miscellaneous Case, No. 102 of 1951.

(3.) Paragraph 3 of the petition reads as follows :