SARJU RAM SAHU Vs. KAMAL KISHORE AGARWALA

JUDGEMENT

(1.) Sarju Ram Sahu has filed this appeal against an order, dated 20 May 1943, passed by the Additional Civil Judge of Gorakhpur, setting aside a sale, which was held on 22 May, 1942, in execution of his decree against Jugal Kishore and Ors. staying the execution proceedings under Section 7 (1), U.P. Encumbered Estates Act and directing that the same be consigned to the records. Jugal Kishore is dead. Dularna Bibi (respondent 8) is the widow, Kamal Kishore and Nawal Kishore (respondents 1 and 4) are the sons, and Subodh Chandra and Krishna Kishore (respondents 2 and 5) are the grandsons of Jugal Kishore.

(2.) On 31 August 1915, Jugal Kishore and Nawal Kishore executed a sale deed in favour of Sarju Ram Sahu in respect of certain property for a consideration of Rs. 15,000. The sale was set aside at the instance of the sons of the vendors. Sarju Ram Sahu thereupon instituted Suit No. 155 of 1926 against the vendors to recover the amount of sale consideration. On 22 February, 1927, the suit was decreed for Rupees 14,959 and costs. Jugul Kishore and Nawal Kishore filed First Appeal No. 267 of 1928 against the decree, but it was dismissed on 31 May 1982. During the pendency of the appeal an application for stay of execution was made and it was granted on the appellants furnishing security. Jugul Kishore executed two security bonds, one on 12 July 1928, and the other on 1st September 1928, for an aggregate amount of Rs. 19,000.

(3.) Sarju Ram Sahu then applied for execution of his decree by sale of the property hypothecated under the security-bonds. Objections were filed that the property could not be sold in execution of the decree. Sarju Ram Sahu had to file a regular suit, no. 94 of 1982, to enforce the security bonds. The suit was contested by Jugul Kishore and his sons on various grounds. It was, however, decreed and a preliminary decree for sale was passed on 30 May 1934. The decree was made absolute on 13 October 1935. An application was made for the execution of this decree.