MAYASANKAR BHAGWANJI Vs. SACHINDRA MOHAN GHOSH

JUDGEMENT

(1.) These are two appeals (consolidated) from one judgment and two decrees dated 27 April 1928, of the High Court of Judicature at Patna, which reversed two orders dated 7 January 1928, and 3 March 1928 of the Subordinate Judge of Dhanbad. The appellant is a decree-holder, and the above mentioned orders of the Subordinate Judge were made on two applications by the appellant for the execution of a consent decree dated 15 February 1926, and made in a suit No. 72 of 1924, which was brought by the appellant against the respondent, Raja Shri Shiv Prasad Singh (hereinafter called "the Raja)".

(2.) The respondent, S.M. Ghosh, was appointed on 22 December, 1927, Receiver of the Jharia Raj by the High Court of Calcutta in a suit brought by the Ranees of the late Raja against the Raja.

(3.) On 7 March 1916, the Raja succeeded to the Jharia Raj. On 6 March 1919, the widows of the late Raja (hereinafter referred to as the Ranees) sued the Raja in the Court of the Subordinate Judge, Alipore for possession of the Jharia Raj. On 3 November 1921 the Subordinate Judge at Alipore dismissed the Ranees' suit and the Ranees appealed against that decree to the High Court at Calcutta. By two agreements dated 16 and 18 November 1921, during the pendency of the Ranees' appeal, the appellant agreed to take from the Raja, who agreed to grant, mining leases in respect of 1,050 bighas of land, in mouza Barki Bowa, one of the villages of the Jharia Raj, on the terms and for the consideration therein mentioned. The Ranees thereupon obtained an order from the High Court at Calcutta restraining the Raja from executing any mining patta in favour of the appellant.