CHARAN SINGH Vs. GANESHI LAL

JUDGEMENT

(1.) One Bijai Indar Singh was the owner of a share in mauza Kheria Gurdeo and a share in mauza Mirpur in the Aligrah District. On the 8 of November, 1906 he mortgaged these shares to one Menagal San as security for the sum of Rs. 8,000. From 1906 onwards he appears to have been in difficulties, and on the 19 of March 1912 one Kishen Singh had obtained a decree against him on a mortgage which decree was under execution in 1914. On the 19 of May 1914 Bijai Indar Singh sold the property Kheria Gurdeo to Shar Singh, the father of the plaintiffs, for the sum of rupees 33,000. In the conveyance from Bijai Indar Singh to Sher Singh occurs the following passage: The property sold is declared to be free from all kinds of claims, hypothecation liens and encumbrances, in that the entire amount due to Lala Mangal Sen and that due to Shrimati Ram Dei, wife of B. Sheo Prasad, vakil and Shrimati Ram Dei, wife of Bhola Nath, i.e., entire amount due under both the documents have bean left in deposit with the vendee for payment.

(2.) A sum of Rs. 17,300 was left with the vendee for payment of the mortgage of Mangal Sen of the 8 November 1906. Rs. 6,500 were left to satisfy the decrees of Kishen Singh and of Hazari Lal and Gulzari Lal in respect of which an order had been made that the property of Bijai Indar Singh should be sold on the 20 of May 1914, that is, the day succeeding the date of the sale-deed.

(3.) It is said that there was another decree obtained by Hazari Lal alone for which no provision was made in this document. But be that as it may, the sale did in fact take place en the 21 of May 1914 and one Bhola Nath bought the share in Kheria Gurdeo for Rs. 1,450. On the 19 of June Sher Singh deposited a sufficient sum of money to have the sale set aside. That deposit was objected to and Sher Singh subsequently withdrew the money deposited by him for reasons which seemed good to him. On the 14 of November 1914 the sale to Bhola Nath was confirmed. On the 16 of April 1915 Bhola Nath conveyed mauza Kheria Gurdeo to Sher Singh for the sum of Rs. 2,500.