AHMAD HUSAIN Vs. TAHIR HUSAIN

JUDGEMENT

(1.) The sole question for determination in this appeal is whether the property against which a decree for sale is asked for is liable to pay the entire amount claimed or whether it is liable for only seven-eighths of the amount claimed.

(2.) It appears that by a decree based on an award passed in 1901, a certain property was held liable by way of a charge for the payment of certain profits. The suit is for realization of the said profits. In execution of a previous decree passed in a similar suit, a one-eighth share of the property charged was sold. It was purchased not by the plaintiff as stated in the judgment of the learned single Judge of this Court, but by certain other persons, some of whom are parties to the suit and others are not. The plaintiffs claim a right to bring to sale the remaining seven-eighths share for payment of their entire claim. The learned Munsif was of opinion that a deduction should be made of an eighth portion of the claim, because the property that remained liable was seven-eighths of the entire property.

(3.) The learned District Judge has upheld the decree of the Munsif and the decrees of the Courts below have been upheld by a learned single Judge of this Court.