ASHFAQUL NABI KHAN Vs. KBSYED RAZA HUSSAIN

JUDGEMENT

(1.) This appeal has teen filed by Asbfaqul Nabi Khan, who bad objected to the execution of a decree on the ground that it was barred by limitation and on various other grounds, which are no longer pressed before us.

(2.) On 5-9-1917 one Mohammad Saeed had executed a mortgage for Rs. 4,500 in favour of Zakir Husain. Zakir Husain died leaving a number of heirs and his widow, Mt. Sughra Begum, filed a Suit No. 18 of 1929, on her behalf and on behalf of the other heirs, whom she impleaded as pro forma defendants. The suit was decreed on 18-2-1930 and the final decree for sale was passed on 13-10-1933. The appellant was one of the defendants and he had been impleaded as a subsequent purchaser of a part of the mortgaged property. He contested the suit on the ground that he had purchased a portion of the mortgaged property in execution of a simple money decree No. 79 of 1922 and his share of the liability should, therefore, be apportioned and he should be liable to pay only his proportionate share of the debt. The Court refused to apportion the liability and held that the entire mortgaged property was liable to pay the mortgage debt.

(3.) An application for execution was filed by Mt. Sughra Begum on 2-10-1936. She applied for the sale of the entire mortgaged property in the hands of the mortgagors and their representatives the appellant and certain others. The execution application remained pending for about 2 years and was dismissed on 9- 12-1988.