JAI BEHRAM Vs. KEDAR NATH MARWARI

JUDGEMENT

(1.) The question to be decided in this appeal arises out of an order on appeal made by His Majesty in Council dated December 19, 1913, which set aside an auction sale o-certain landed property held on July 27, 1904, in execution proceedings in the Court of the Subordinate Judge of Godda.

(2.) The case before this Board is reported in L.R.41 I.A. 38.

(3.) Rajah Thakoor Burma, since deceased, the predecessor-in-title of the appellants 1-5 (hereinafter referred to as the judgment-debtors) was the owner of a full sixteen annas share of a village called Patsanda. Ten of the said shares were encumbered and six were unencumbered, save that two bonds had been executed by the Rajah in favour of one Gobardhan Das and others, which purported to create a charge on a three annas share in the said mahal as security for the said Gobardhan Das for Rs, 23,965 and Ra 532.