CHANDI PRASAD Vs. MTJUMNA

JUDGEMENT

(1.) This defendant's appeal arises out of a suit for declaration that the decree in suit No. 185 of 1918 was not binding on the plaintiff, that the sale in execution of the house was also not binding on the plaintiff and that the plaintiff is owner of the house.

(2.) The plaintiff, at one stage of the suit No. 185 of 1918, was made a party to the execution proceedings, but was later exempted. A lengthy written statement was filed, but briefly the case as put before us for the appellant was that the plaintiff was not a necessary party, that the decree was obtained against the person who was the legal representative of the mortgagor and the plaintiff had no right in the house at all.

(3.) The facts are intricate, and, in order to appreciate the points that we have to decide, it will be necessary to set them out in considerable detail. They will be more easily understood if we set them out in chronological order. Parbhu Lal was the original owner of the house. His wife was Mt. Sabo, and they had a daughter, Mt. Jumna.