JUDGMENT

Mookerjee, J. - This is an appeal by the Despondents in an action for recovery of damages for illegal attachment and sale of movable property in execution of a decree for money. The facts found by the Courts below lie in a narrow compass. Two persons, who may be called X and Y, obtained a decree for money against four brothers A, B, C and D. The decree-holders applied for execution against D alone by attachment and sale of his movables. The warrant of attachment was issued in due course, but the peon, on the identification of P, the agent of the decree-holders, attached three heads of cattle which belonged to B. B protested and tendered the decretal amount, but the peon who was in collusion with P, had the cattle sold for an insignificant sum. It has been established that P acted in this manner on account of ill feeling which he bore towards the judgment debtors. The judgment-debtors claimed damages from the decree-holders on account of illegal attachment and sale. The Courts below have concurrently decreed the suit. It cannot be disputed that the attachment was illegal when execution had been taken out against D alone, the property of B could not be attached besides, when