MOHAMMAD ABDUL RAHIM KHAN Vs. RAM BHAROS OJHA

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for a refund of Rs. 805-6 which sum was paid to the defendants, under an order of the execution Court, dated the 26 Juno 1920. It is connected with S.A. No. 1411 of 1922.

(2.) The facts of this case are slightly complicated and it is necessary to state them in their chronological order. On the 26 February, 1896, Dubri and two other persons made a mortgage of 16 gandas share to Mt. Dilao for a sum of Rs. 262. On the 23 January, 1897 D ubri executed a sale-deed of 8 gandas shara in favour of Abdul Kahim Khan for a sum of Rs. 826, and also made a mortgage in favour of Abdul Rahim's mother, Mt. Shahansah Begum, for a sum of Rs. 449. Out of the sum of Rs. 826, which was the sale consideration, a sum of Rs. 178 had been left in the hands of Abdul Rahim for payment to the prior mortgagee, Mt. Dilao. A further sum of Rs. 271 was left in his hands for payment to one Debi Sahai, and other sums for payment to certain other creditors.

(3.) It is admitted that Abdul Rahim did not pay the sum of Rs. 878 or any part of it to Mt. Dilao. Mt. Dilao, on the 6 June, 1910, brought a suit on the basis of the mortgage of 1885 impleading Abdul Rahim and Mt. Shahanshah Begum as well as the representatives of the mortgagors. This suit was decreed on the 28 July, 1910, and ultimately, in execution of this decree, the 16 gandas share was sold at auction on the 24 March, 1920 and purchased by the decree-holder's representatives for a sum of Rs. 3,500. The purchasers deposited Rs. 1,610 in cash and filed a receipt for the balance in full satisfaction of the decretal amount.