SHADI LAL Vs. JAGDAMBA SAHAI

JUDGEMENT

(1.) One Shadi Lal was the purchaser of a usufructuary mortgage which had been executed by Lala Inder Sahai, father of Munshi Jagdamba Sahai, in favour of a third party. Shadi Lal instituted a suit for recovery of Rs. 14,000 in enforcement of this mortgage. The suit was directed against Jagdamba Sahai, Uma Sahai alias Lallan, Champa Kuer and many others. It was prayed that the amount be realized by sale of zamindari shares in Jamb Nagla and Maheshpur and of a house in mohalla Barahmanpuri in the city of Bareilly. The defendants appealed from this decree and their appeal was numbered and registered as No. 391 of 1923. During the pendency of the appeal, Shadi Lal applied for and obtained a final decree. This decree was put into execution and the three aforesaid properties were sold and purchased by Shadi Lal himself. The house in Barahmanpuri was purchased by him, on 27 January 1925, and Shadi Lal was put into formal possession of the house, on 1 May 1925.

(2.) On 10 November 1926, this Court varied the preliminary decree passed by the trial Court and reduced the amount to Rs. 7,000 and directed that the said amount was charged upon only one of the properties, namely, Janib Nagla and not the other two, namely Meshpur and the house in Barahmanpuri.

(3.) On 21 December 1926, Jagdamba Sahai alias Lal Bahadur moved an application under Section 144, Civil P. C, for being restored to possession of the house. This application was followed by an application made by Mt. Sarup Rani on similar lines which was made on 11 May 1927 and in which she stated that the house had been purchased by her mother Sukhdei and that upon the death of the mother it had devolved upon her and that Jagdamba Sahai had nothing to do with it.