MIRZA QAISER BEG Vs. BSHEO SHANKER DAS

JUDGEMENT

(1.) This is an execration of decree appeal from an order passad by the learned Subordinate Judge of Jaunpur on an objection preferred by the appellant to the sale of village Mainipur, one of eleven properties directed to be sold by the decree obtained by the respondents under Order 34, Rule 5, Civil P.C. Another of those sloven properties is village Pachhatia.

(2.) It is common ground that Tashitn Ali Khan, to whom the aforesaid eleven properties belonged, executed a mortgage deed in 1910 in respect of village Paehhatia in favour of Damodar Das now represented by his son Sheo Shankar Das and others the respondent decree-holders.

(3.) On 16 July 1914, Hashim Ali Khan executed a mortgage deed in respect of all the eleven items in favour of the aforesaid Damodar Das. : On 19 August 1915 Hashim Ali Khan sold Mainipur to Mirzi Kaiser Beg, the appellant. The respondent-decree-holders or their predecessor in title obtained certain mortgages in respect of some of the eleven properties other than Mainipur by certain deeds executed in 1919 and 1922.