Judgement

Appeal (No. 102 of 1931) from a decree of the Court of the Judicial Commissioner, North-West Frontier Province (July 1, 1930), reversing a decree of the Subordinate Judge of Peshawar (November 22, 1929).

The appellant instituted a suit for a declaration that the share of defendant No. 1 (respondent No. 3) in certain mortgaged and attached properties was liable to be attached and sold in execution of the plaintiffs decree against that defendant, that the property was lawfully mortgaged with the plaintiff, and that defendants Nos. 2 and 3 (respondents Nos. 1 and 2) had no title to more than one-third share in the property.

The facts appear from the judgment of the Judicial Committee.

The main question in the appeal was as to the effect of a partition decree made in pursuance of an award in arbitration, the reference being made without the intervention of the Court, upon a mortgage of an undivided share in part of the partitioned property and upon an attachment of other parts thereof.

The Court of the Judicial Commissioner, reversing the trial judge, dismissed the appellants suit upon grounds which appear from the judgment of the Judicial Committee.

1932. May 31; June 2. Dun