Judgement

Appeal from a judgment and decree of the Court of the Judicial Commissioner of Oudh (November 12, 1913) affirming an order of the Subordinate Judge of Bahraich (June 4, 1913).

Maneshwar Bakhsh Singh, while his property was under the superintendence of the Court of Wards under the Oudh Land Revenue Act (XVII. of 1876), borrowed certain money from the respondents. The property was released from superintendence in 1898. The respondents subsequently instituted a suit to recover the amount due, and after protracted litigation obtained a decree. Meanwhile, in 1911, Maneshwar Bakhsh Singh died and was succeeded by his son, the present appellant. In 1913 the respondents applied to the Subordinate Judge of Bahraich for execution of their decree by the sale of a village which had formed part of the property under superintendence. The appellant objected, relying upon s. 174 of the Oudh Land Revenue Act, 1876, but his objection was disallowed. Upon appeal to the Court of the Judicial Commissioner the decision of the Subordinate Judge was affirmed. Sects. 173 and 174 of the Act are set out in the judgment.

1916. March 13. De Gruyther, K.C., and Kyffin, for the appellant. Upon the true