Babu Lal vs Sh. Noor Mohd. - 1934 Supreme(All) 222

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1934 Supreme(All) 222

KENDALL
Babu Lal – Appellant
Versus
Sh. Noor Mohd. – Respondent

JUDGMENT

Kendall, J. - This is a plaintiff's appeal against a decree and order of the Second Additional Subordinate Judge of Jaunpur, modifying the decision of the trial Court. The circumstances of the case are as follows: One Waris Ali owned four houses which are called P, Q, R and S. In 1917 he executed a deed of mortgage purporting to transfer tire houses P and Q to the present plaintiff-appellant. In 1922 he mortgaged all four houses to Noor Mohammad, the defendant-respondent. In the same year the plaintiff in executing a simple money decree against Waris Ali put all these four houses to sale and purchased them at auction. During the course of the execution proceedings an objection was made by Mt. Batul Bibi to the effect that she owned half the houses, and this objection was allowed. After his auction purchase the plaintiff-appellant applied for partition, and as a result of that partition between him and Mt. Batul Bibi the two houses P and Q were allotted to Mt. Batul Bibi, and R and S to the plaintiff-appellant. In execution of a decree for costs of this partition suit the plaintiff-appellant also purchased the house P and Q. Noor Mohammad next sued for sale on the basis of h

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