MUSAMMAT JEUNA BAHU Vs. RAI PARMESHWAR NARAYAN MAHTHA

JUDGEMENT

(1.) In this case the appellants challenge the validity of an execution sale of a sixteen anna share in certain mouzahs appertaining to Mahal Sonkarsa. The sale took place on the 15th December, 1891, pursuant to an Order of Attachment of the 5th November, 1891, issuing out of the Court of the Subordinate Judge of Mozufferpur, and made in execution of a decree of the same Court passed on the 17th April, 1890.

(2.) There are two grounds upon which this case rests: the first that the decree of the 17th April, 1890, was, so far as it formed a foundation for the sale of this property, ultra virus; and, secondly, that at the date of the sale there was, in fact, another order existing for the sale of the same property. For reasons that their Lordships will state, they think there is no efficacy in either of these contentions.

(3.) The facts that preceded the litigation out of which this appeal has arisen are very simple, though they have been the cause of many legal complications. On the 24th March, 1888, Bal Krishan Lal Sand entered into a bond in favour of the members of the firm of Thomas and Co., to secure repayment of sums advanced to him by them up to the limit of Rs. 55,000 ; and, to secure this repayment, entered into a covenant to execute in their behalf a full and complete mortgage of the block and crop of the Buriarpur indigo concern.