RAJA OF RAMNAD Vs. VELUSAMI TEVAR

JUDGEMENT

(1.) In this appeal the appellant is the assignee of a decree against the defendants (some of whom are minors and are represented by their guardian) which was passed on the 26th September, 1907. The amount of the decree was Ra. 35, 063 and interest. The decree was in favour of the plaintiffs in the suit and went on to order that the plaintiffs should at once draw out the money in Court which was a sum of about Rs. 3.000, and that the first and second defendants should repay the balance within three months with interest and costs, and in default of such payment that the plaintiffs should recover the sum by the sale of the entire cowle right possessed by them including the interest if any of the third defendant also, and if the sale proceeds were not sufficient for the purpose the plaintiff should recover the deficiency from the first and second defendants.

(2.) The judgment-debtors made no payment and accordingly in January, 1909, the decree holder put in his application for execution by sale and realized Rs. 27,000, and in December, 1909, the sale was confirmed and possession delivered. An appeal was brought by the judgment-debtors to the High Court, but this was dismissed on the 8th April, 1911.

(3.) By the actual sale of the village, the further amount recoverable from the first and second defendants under the decree became definitely ascertained, and on the 9th March, 1914, the then plaintiffs proceeded with the execution of the decree.