Kamta Prasad vs Indomati - 1915 Supreme(All) 361

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1915 Supreme(All) 361

CHAMIER, PIGGOTT
Kamta Prasad – Appellant
Versus
Indomati – Respondent

JUDGMENT

Chamier and Piggott, JJ. - These are appeals against an order of the Subordinate Judge of Mainpuri, rejecting an application presented by the appellants for an order absolute u/s 89 of the Transfer of Property Act. A decree nisi was passed in favour of two persons, Sheo Prasad and Tulsi Ram, on December, 24th, 1900, and was confirmed on appeal by this Court with a slight modification on the 19th January, 1914. That decree was passed against Musammat Indomati and others. The business of the decree-holders failed and their rights under the decree were put up for sale in execution of a decree held against them by Moti Lal and Fateh Lai. At the execution sale the share of the decree-holder Sheo Prasad was sold to one Ram Bharose and the appellants assert that on the 27th September, 1905, the rights of Ram Bharose were transferred to Bisheshar Nath and that on the 3rd May, 1906, Bisheshar Nath transferred his rights to Kamta Prasad the appellant in appeal No. 331. At the same execution sale the share of the decree-holder Tulsi Ram was sold to Ajudhia Prasad. Badlu Ram the appellant in appeal No. 332 says that on the 31st March, 1905, Ajudhia Prasad transferred to him all his rig

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