RAJA THAKUR BARMHA Vs. JIBAN RAM MARWARI

JUDGEMENT

(1.) This is an appeal against a judgment and decree of the High Court of Judicature at Fort William in Bengal, dated 26th June 1906, affirming an Order of the Court of the Subordinate Judge of Godda in the Sonthal Pergunnahs, dated 20th December 1904, granting a certain sale-certificate to the second set of respondents hereto, described as auction-purchasers. The facts of the case so far as is necessary for the decision of this appeal are as follows:-

(2.) On the 23rd October 1903 the respondents Jiban Ram Marwari and Ishwar Das Marwari (described as the decree-holders), obtained judgment against the original appellant Rajah Thakur Barmha (now represented by his heirs and legal representatives), for a sum of 42,562 rupees and interest, and on the 31st October 1903 the decree-holders applied for execution of the decree by attaching and selling the property mentioned in the application. It is only material to refer to the first item in the Schedule specifying that property which reads as follows:- The defendants Zaiuindari aud Milkiat right in the 6 annas out of 16 annas of Mahal Tappa Patsanda bearing towai No. 462 and sudder- jumma of Rs. 2,402-9-0 (for the 16 annas) payable in Dumka Colleotorate. This property is mortgaged in the bond of Babu Anant Ham Marwari and others, decree holders, inhabitants of Bazar Shujaganj in the Town of Bhagalpur, and also a 2 annus share of the said Mahal, which has been hypothecated as security on behalf of the defendant in the case of execution of a mortgage-decree of the said Babu Anant Bam Marwari and others, deoroe-holders, against the judgment-debtor, in the First Court of the Subordinate Judge of Bhagalpur, in all, 8 annas share of the said Mahal, together with all rights and interests of the judgment- debtor and the Kamat land, nami and beuami jalkar, phalkar. bankar &c, and Eachari House appertaining to the Estate. The estimated value is Bs. 50,000.

(3.) In the ordinary course an order was made for the sale of the attached property mentioned in the above schedule by public auction, and proclamation of the sale was made in the required manner. The sale commenced on the 16th June 1904, but for a long time the bids were insufficient and the sale was not finally concluded until the 28th day of July 1904.