SARDHARI SAH Vs. HUKUM CHAND SAH

JUDGEMENT

(1.) The petitioner in this case obtained a decree for sale on a mortgage and the property was advertised for sale on the 18th April 1912. The opposite party, Surajmal Marwari, claims to be the landlord of the judgment-debtor and he objected to the description of the property as being the mokarrari maurusi property of the judgment-debtor, inasmuch as he contends that the judgment-debtor is a mere tenant-at-will. Various references were made to the landlords and the executive authorities and ultimately the petitioner came up to this Court and obtained a Rule on the opposite party to show cause why the property should not be sold. The order ultimately passed on that Rule ran as follows:

(2.) After some discussion the decree-holder, petitioner has agreed that the objector zemindar shall be discharged from the record and that the property shall be put up for sale as described in the mortgage-decree.

(3.) Let the opposite party, Surajmal Marwari, be discharged from the record and the property sold as described in the mortgage-decree.