UMESH CHANDRA SINGHA Vs. MADHU SUDAN KHAMKAT

JUDGEMENT

(1.) This is an appeal in a matter arising under the provisions of Section 244, Civil Procedure Code, between certain judgment-debtors and a person called Madha Sudan Khamkat.

(2.) The facts are not in controversy; they have been detailed in the judgments of the lower Courts. The mother of Khamkat obtained a decree against one Rash Behary who had obtained another decree against the judgment-debtors, appellants before us. The latter decree was purchased by a person called Das. Khamkat proceeded to levy execution against the judgment-debtors by virtue of attachment of the decree against them by Rash Behary. The matter came up for decision by this Court, and, on the 12 March 1906, the learned Chief Justice and Mr. Justice Geidt, in delivering judgment in an appeal by Khamkat against the present appellants, observed: "Both the Courts below have found--a finding which is binding on us in second appeal--that the claim in the other suit of which the decree-holder in the present suit desires to obtain the benefit, had been satisfied."

(3.) The learned Judges then dealt with the question whether the satisfaction of the second decree was, or was not, a bona fide transaction, and they pointed out that it had not been raised in either of the lower Courts. We must, therefore, assume that, as between Khamkat and the judgment-debtors, it was held that the judgment-debtors had duly satisfied the decree assigned to Das.