PEERJI MOHIB ALI SHAH Vs. RAM CHANDER

JUDGEMENT

(1.) The question involved in this second appeal is what is the character of the grove in suit and whether the same is saleable in execution of a mortgage decree obtained by the Respondent No. 1 against one Torias widow, the Defendant No. 2.

(2.) The plaintiff's case was that he was the zamindar and lambardar of the village, that Toria was an occupancy tenant of 8 and odd bighas of land within his zamindari, that the grove in question was a part of Toria's said occupancy holding, that Toria made a simple mortgage of the grove in favour of the respondent who obtained a decree for sale, that Toria died and his widow re-married, that the widow was ejected from the entire holding except the grove, and that the grove was excepted from the ejectment suit because the plaintiff was in possession of the same. The plaintiff asked for a declaration that in execution of the decree obtained by the respondent the grove was not liable to be sold.

(3.) The Court of first instance decreed the suit, but the learned District Judge on appeal has reversed the decree and dismissed the plaintiff's suit.