Judgement

Appeal from a judgment and decree of the High Court (April 8, 1908) reversing a judgment and decree of the Subordinate Judge of Purneah (September 14, 1906).

The facts giving rise to the litigation were shortly as follows. Rai Dhanpat Singh, the father of the first respondent, was the zamindar of Lot Saifganj, a patni taluq of which Chattrapat Singh (a defendant and the fifth respondent) had been patnidar. Chattrapat Singh had created various darpatni tenures of which the appellant held two.

On June 27, 1893, Rai Dhanpat Singh sold and conveyed his right in the zamindari to Bhagwanbati Chowdhrain. On September 21, 1893, he instituted a suit against Chattrapat Singh to recover arrears of rent due to him for a period prior to the sale, and on July 10, 1896, he obtained a decree for the amount claimed.

On July 19, 1896, Rai Dhanpat Singh executed a deed of trust in favour of his son, the first respondent, appointing the respondents Nos. 2 to 4 the trustees, and, among other properties, assigned to them the above-mentioned decree. In 1897 the trustees applied for execution of the decree against Chattrapat Singh by attachment and sale of his patni tenure. Various objections we