AZIZ BUX Vs. KANIZ FATIMA BIBI

JUDGEMENT

(1.) This is an appeal by a judgment-debtor from an order passed in execution proceedings.

(2.) The person seeking to execute the decree is the assignee of a simple money- decree which was transferred to the Court of the Subordinate Judge of Meerut. The assignee of the decree attached two lots of property, (1) property which was burdened with a mortgage in favour of her assignor, (2) property which was not so mortgaged. Both sets of property were attached. The judgment-debtor objected that the mortgaged property could not be sold in execution without a suit being brought on the mortgage.

(3.) The first Court disallowed the objection, an appeal was preferred by the judgment-debtor to this Court, a Bench of which on 2nd June 1909 upheld the objection and passed a decree dismissing the application for execution in toto. In this order there was clearly an error as some of the property attached was not mortgaged property.