BARU MAL Vs. SHER SINGH

JUDGEMENT

(1.) Tudraj and Musammat Shakuri mortgaged certain property. A decree was obtained against their heirs. The property was sold in execution of that decree on the 20th June 1909. The amount realized was not sufficient to satisfy the decree and, therefore, the decree-holders applied under Order XXXIV, Rule 6, for a decree against the assets of the deceased in the hands of the respondents.

(2.) Both the Courts dismissed the application holding that no personal decree could be passed against the heirs.

(3.) In second appeal, it is contended that a decree should have been passed against the property of the mortgagors of which the respondents may be in possession as their heirs. In support of the contention, reliance is placed on Mohan Lal v. Bilaso 14 A. 512 and Mazzem Hossein v. Sarat Kumari 11 C.L.J. 357 at p. 360 : 14 C.W.N. 433 : 5 Ind. Cas. 89.