ALI AHMAD KHAN Vs. BANSIDHAR

JUDGEMENT

(1.) This First Appeal arises out of Execution Proceedings connected with a decree held by the respondents, obtained by them on the 27 of May 1895 and confirmed by this Court on the 22 March, 1897.

(2.) The respondents in execution proceedings instituted on the 17 December 1897, attached certain properties with a portion of which we are concerned in the present application. On the objection of Gauri Sahai and Chadami Lal the properties with which we are concerned were released from attachment. The decree-holders then instituted a suit under Section 283 and obtained a decree in June 1899, declaring that the attached property be brought to sale in execution of their decree. On the 18 January 1901 Musammat Mohan Kunwar one of the judgment-debtors in the original decree sold the property in suit to one Bholanath. Ali Ahmad, the present appellant, then instituted a suit for and obtained a decree for pre-emption over the same property.

(3.) The application out of which the appeal has immediately arisen was instituted on the 13 of May 1907 to bring to sale the property attached as far back as the 9 of January 1898. Ali Ahmad objected saying that inter alia the property cannot be sold. His objections were dismissed by the Court below and he now comes here in appeal.