RAMCHANDRA BHAGAT Vs. EVA MITRA

JUDGEMENT

(1.) This appeal has been brought on behalf of two of the judgment-debtors from the judgment and order of the Subordinate Judge, Muzaffarpur, dated 11-8-1952, by which he dismissed their objection to the execution ot : the decree passed against them and others by sale of their portion of the mortgaged properties only.

(2.) The facts relevant for the disposal of this appeal are as Follows, Ono Bindabasini Prasad executed in favour of Apurba Krishna Mitra, the predecessor-in-interest of the respondents, six mortgage-bonds hypothecating his proprietary shares in different tauzis as detailed below :

(3.) In support of this appeal Mr. Prem Lall has reiterated the objection raised in the Court below and, in addition, contended that during the pendency of this appeal the mortgaged properties, which consisted of proprietary milkiat interest, vested in the State under the Blhar Land Preforms Act, and, therefore, under Section 4(d) of that Act the entire execution is incompetent and should be quashed.