SHAIKH MOHAMMAD ANAS Vs. BHUPENDRA PRASAD SHUKUL

JUDGEMENT

(1.) The only point in this case is whether the application for execution which was the subject-matter of the case in the Court below was barred by limitation. That depends entirely upon the question whether a previous application dated 14 July 1925 was an application in accordance with law. But for the fact that. there are certain authorities supporting, the view of the appellants in this Court, I should have entertained no doubt as to what the proper decision should be. In any event the view I hold is supported by a decision of this Court which is binding upon us, unless the matter were referred to a larger Bench. The reason for such reference however does not, in my judgment appear to exist in this case.

(2.) One or two facts are necessary for the purpose of deciding the point which as I have said arises in this case for determination. A decree was obtained on 6th March 1923 for a sum of Rs. 30,000 by one Mohammad Anas. I had better state in advance that there were various defendants to this case and that there has been a devolution since the original decree was obtained but no question arises with regard to that matter. The original decree, I should have stated, was obtained on 20 December 1920 for recovery of possession and mesne profits by Mohammad Anas.

(3.) On 24 August of the same year the decree-holder assigned seven annas interest in the decree to Mohammad Nazir Ahmad in the farzi name of one Mohammad Akhtar. Then the matter proceeded to the ascertainment of mesne profits, the decree of 6 March 1923 being obtained by these two persons the original decree, holder on 20 December 1920 and the assignee.