SHAMSHERYAR KHAN Vs. BABU GOPAL CHAND

JUDGEMENT

(1.) This is an execution second appeal by the judgment-debtors, Shamsheryar Khan and Ismdar Khan.

(2.) The facts are these: One Ram Chander Das on the 27 May 1895 obtained a decree under Section 88 of the Transfer of Property Act. The material portion of it is as follows: It is ordered that the plaintiff's claim, for recovery of Rs. 4,945-1-0 by enforcement of the hypothecation lien against and sale of the property, be decreed and that a decree be prepared in conformity with the terms of the compromise stating therein that the plaintiff shall not be competent to get the hypothecated property sold by auction without paying the debt due to Jwahir Bibi, if a decree is passed in her favour by the appellate Court. The plaintiff shall be competent to recover the amount of the decree from the principal judgment-debtors by gale of the property.

(3.) On the 29 January 1897, the decree-holder applied for an order absolute; at the end of the application he stated that he would pay the prior mortgage of Jwahir Bibi should she obtain a decree from the appellate Court.