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1958 Supreme(Pat) 138

KANHAIYA SINGH, V.RAMASWAMI
Ramchandra Bhagat – Appellant
Versus
Eva Mitra – Respondent


Judgment

Kanhaiya Singh, J.

1. This appeal has been brought on behalf of two of the judgment-debtors from the judgment and order of the Subordinate Judge, Muzaffarpur, dated 11-8-1952, by which he dismissed their objection to the execution ot : the decree passed against them and others by sale of their portion of the mortgaged properties only.

2. The facts relevant for the disposal of this appeal are as Follows, Ono Bindabasini Prasad executed in favour of Apurba Krishna Mitra, the predecessor-in-interest of the respondents, six mortgage-bonds hypothecating his proprietary shares in different tauzis as detailed below :

(1) dated 11-5-35 for Rs. 17,000 in respect of tauzis Nos. 20805 and 9710;

(2) dated 27-5-34 for Rs. 33,000 in respect of tauzis Nos. 12595, 12597, 7462, 2086 and 10837;

(3) dated 9-2-37 for Rs. 25,000 in respect of tauzis Nos. 1216, 20690 and 915;

(4) dated 18-8-37 for Rs. 15,000 in respect of tauzis Nos. 12595, 12597, 1193. 915, 1216, 317, 20776, 2086, 20805, 9710 and 10837;

(5) dated 20-2-38 for Rs. 15,000 in respect of tauzis Nos. 915, 12597, 12595, 1193, 1216, 317, 20776, 2086, 20806, 9710, 10837, 7462 and 643; and

(6) dated 16-3-39 for Rs. 18,600 in respect of t
































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