BALBIR PRASAD Vs. KARAN SINGH

JUDGEMENT

(1.) This is an application of an unusual character. The position of the parties is as follows:

(2.) The applicants are judgment-debtors and the opposite party are decree- holders.

(3.) Under a certain decree for sale on a mortgage, it is common ground that the decree directed the sale of some share in a particular mahal. It so happened that the decree was ambiguous. A difficulty arose on the execution side as to whether it was a 1/4th share of this mahal or a 1/8th share which was to be sold. The question must be determined primarily on the wording of the decree, though the surrounding circumstances may have to be taken into consideration.