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1973 Supreme(SC) 244

K.K.MATHEW, M.H.BEG
Gajadhar Prasad – Appellant
Versus
Babu Bhak I A Ratan – Respondent


Judgment

BEG, J.:- This is a judgment debtors appeal by Certificate of fitness of the case for appeal to this Court granted by the High Court of Allahabad, arising out of an application filed under Order 21, Rule 90, Civil Procedure Code.

2. The Respondent decree-holders had obtained a decree for about Rs. 76,000/- against the appellants in a mortgage suit. In execution of that decree sales of three items of property, shown as houses belonging to the judgment debtors took place on 5-5-1955 and 7-5-1955. The items were described as follows in the sale proclamation :

"Boundaries

East West North South

1. Pucca built house bearing previous No. 8 and present No. 5 situate in Colonelgunj, city of Allahabad, together with site and building Materials entire 16 anna share value at Rs.6,350/-. University Road Lane and temple of Kaliji House of Marium Bibi & Mohd. Raza Colonel Ganj Road

2. Entire house bearing previous No. 805 situate in Mohalla Katra, Pasiyana City of Allahabad, valued at Rs. 5040/-. House of Gajadhar Prasad Lane here after House of Maheshwary Prasad Vakil Bungalow House of Gajadhar Prasad Way

3. Bungalows bearing Nos. 8 and 10, situate on Club Road, City of Allahabad with compo







































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