MAHAMMAD MEHDI HASSAN KHAN Vs. SHEOSHANKAR PERSAD SINGH

JUDGEMENT

(1.) The entire Mehal Raiputti bearing Towji No. 3143 in the Saran Collectorate was sold for arrears of revenue by the Collector, proceeding under the provisions of Section 14, Act XI of 1859, and was purchased in the name of defendant No. 7, Babu Gopal Das.

(2.) Fifteen separate accounts or Khatas,.besides one for the residuary share, had been opened many years ago by the Collector, and defendant No. 2 being the malik of Khata No. 1 executed three deeds of mortgage in favour of Babu Sheo Shankar Prosad Singh, defendant No. 1 on the 9th December 1886, 13th. December 1888 and 1st July 1893, respectively. Afterwards, the share in respect of which Khata No. 1 had been opened was sold for arrears of revenue due on that share, and purchased by Pardip Narain Singh, defendant No. 6 subject to encumbrances. Defendant No. 1 afterwards brought a suit on the three mortgage-bonds, No. 67 of 1897, against defendants Nos. 2 to 6 and obtained a decree by consent for Rs. 17,281- 10.

(3.) On the 25th March 1899, the share, in respect of which Khata No. 4 had been opened, and which belonged to Kalika Prosad Singh, was pat up for sale for arrears of revenue due on that share. No bids being offered, the Collector proceeded under Section 14 of Act XI of 1859 and put up the entire estate, No. 3143, for sale and it was purchased by defendant No. 7 for Rs. 1,600.