Allahabad Court February 1938 Judgments

Dirgpal Singh Vs. Gulzari Lal and anr.

Court: Allahabad

Reported in: AIR1938All341; 175Ind.Cas.938

Bennet, Ag. C.J.1. This is an execution first appeal by a judgment-debtor. The facts are that on 13th September 1912 the appellant borrowed Rs. 5000 on a simple mortgage payable in five years from one Gulzari Lal, respondent 1. There were five items of property mortgaged, one of which was a zamindari share in Mauza Kaohhora. Gulzari Lal brought Suit No. 138 of 1918 under Order 34, Rule 4, Civil P.C. for the sale of property by enforcement of this mortgage but in the plaint he asked that the suit should be only against four of the items of property and he exempted the zamindari share in Mauza Kachhora. A final decree for sale was passed on 21st February 1922, and the four items of property were sold; some balance remained. On 9th April 1932, the decree-holder obtained a simple money decree under Order 34, Rule 6. In execution of that simple money decree the decree-holder has now applied for the sale of Mauza Kaohhora as a part of the property of the judgment-debtor. The objection is tak...