SHYAMA KANT LAL Vs. RAM LAL

JUDGEMENT

(1.) These are two civil revisions preferred by the decree-holder and judgment- debtors praying for revision of an order of the learned Subordinate Judge passed in an execution matter.

(2.) To appreciate the points at issue it will be necessary shortly to set out the facts of the case. On 9 September 1929, Shyamakanta Lai and his brother Srikanta Lal executed a mortgage in favour of the decree-holder Earn Lai. The properties mortgaged were 5 annas 4 pies share in village Semaria and 6 annas 17 dams odd share in village Baralodhwe. It appears that at the date of this mortgage partition proceedings were proceeding in respect of the mahal which included the village of Semaria.

(3.) On 2 September, 1929, (that is a week before this mortgage was executed) the partition was actually approved of by the Collector, but it did not receive the approval of the Commissioner until 23 May 1930 (that is, a considerable time after the mortgage was executed). In this Collectorate partition the mortgagors were given a separate takhta in village Basaria and their interest in village Semaria became negligible.