JUDGMENT :- This appeal arises out of a suit for permanent injunction restraining the first defendant Sri Kabir Hassan Khan from proceeding further with the execution proceedings in the execution case No. 213 of 1954 in respect of plot No. 218 measuring .56 acre and situate in village Kuberpur.

2. It appears from the record that one Sri Sarwar Khan along with some other persons had a one-third share in plot No. 218. They mortgaged their share with Sri Kabir Hasan. On the basis of that mortgage Sri Kabir Hasan obtained a decree in suit No. 253 of 1919 on August 19, 1950. Sri Kabir Hasan applied for the execution of the decree which gave rise to the Execution Case No. 213 of 1954. It appears that he had asked for the sale of the one-third share mortgaged with him. The mortgagors had some cosharers in the said plot. Some of those cosharers had migrated to Pakistan and their interest vested in the Custodian as would appear from the order of the Assistant Custodian, dated July 19, 1955. It also appears from the order that Sri Ghulam Hazoor Khan and Sri Nizam Uddin Khan sons of Sri Ghaus Mohammad Khan resident of Diha were declared evacuees and their property mentioned in the notice was d

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