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1955 Supreme(Pat) 67

RAJ KISHORE PRASAD, RAI
Dhirendra Nath Chandra – Appellant
Versus
Satish Chandra Gorain – Respondent


Judgment

Raj Kishore Prasad, J.

1. The appeal and the Civil Revision both are by judgment-debtors 4 to 8. The appeal is against an order passed by the learned Subordinate Judge of Dhanbad in an execution proceeding rejecting the objection of the appellants under Section 47, Civil P. C. The Civil Revision is against his order refusing to stay the sale of the disputed lands pending the disposal of the present miscellaneous appeal by this Court.

2. I shall deal with the appeal first. The facts leading up to the present appeal may briefly be stated thus;-- The decree-holders-respondents 1 to, 23, who are respondents first party in the present appeal, are proprietors of Mauza Jayramdih, within pargana Nawagarh, which contains about 442 bighas of coal lands. On 26-4-1937, the decree-holders leased these lands to one Sripati Pal, father of respondents 1 to l(b) and husband of respondent- 1 (c), and, Mahadeo Chandra, respondent 2, on payment of royalty, the lands leased being first charge for payment of royalty, etc. At present these, lands are in possession of five sets of persons, viz. (1) Sashankasekhar Pal and others, sons and wife of Sripati Pal, one of the original lessees, (2) Mahade



























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