LALA MEWA LAL Vs. KUNWAR RAGHO PRASAD

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court at Allahabad, which affirmed a decree of the Court of Small Causes there exercising the powers of a subordinate judge.

(2.) THE suit was brought by the respondents Mewa Lal and Lachmin Narain to recover property of which they had been deprived through the intervention of a Government official who attached it and got it sold in order to satisfy a debt due to Government from somebody else.

(3.) ON December 17, 1895, the respondents, who were mortgagees of shares in seven villages belonging to their mortgagor, one Tufail Ali Khan, obtained the usual decree for sale. April 17, 1896, was the date fixed for payment of principal, interest, and costs, which amounted in all to Rs. 19,290.9.6. The mortgagor made default. On April 23, 1896, the mortgagees applied for an order absolute. The order was drawn up on May 16 following. On March 24, 1897, an application was made for execution of the decree by sale of the mortgaged property, and on April 26, 1897, the execution case was transferred to the Collector's Court as the property was ancestral. The decree came into the hands of the sale officer on July 8, 1897.