RAM LAL SINGH Vs. MAHARAJA PASWATI BEJOYPATI GAJPATI

JUDGEMENT

(1.) This is an appeal against the order of the District Judge of Shahabad, dismissing an appeal from the order of the Munsif.

(2.) The question arises on the execution of a, decree obtained by the respondents in a mortgage suit instituted against the appellants on a mortgage executed by their father. On an application by the respondents (mortgagees) that a decree should be passed against the appellants as heirs and representatives of their father under Section 90 of the Transfer of Property Act, the Munsif held that the applicant could not get a decree against the person and other properties of the judgment-debtors but that he was entitled to a decree against "the assets" of the mortgagor which might be in the hands of Ins sons.

(3.) When this decree was executed, an objection was made that the property against which it was sought to execute the decree was ancestral property which had come into the hands of the appellants by survivorship and was not, therefore, assets which could be seized in execution.