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1921 Supreme(All) 239

RYVES, WALSH
Musammat Jamilunnissa Bibi – Appellant
Versus
B. Mathura Parshad – Respondent


JUDGMENT

1. This is an, execution appeal arising out of execution proceedings on a mortgage decree passed as long ago as the 30th of August 1910. The suit was for sale on a mortgage and a preliminary decree on that date directed that a sum of Rs. 8,712, representing the amount then due for principal, interest and costs, was to be paid on or before the 28th of February 1912. In default of payment it was directed that the property would be sold. The preliminary decree directed that after that date, namely, the 30th of August 1910, interest would run at Rs. 6 per cent, per annum up to the date of realization. The final decree or sale of the property was made on the 1st of February 1913 and the amount then due was declared to be Rs. 9,973-2-0. The decree was against two brothers, Shah Junaid Alam and Shah Badre Alam. Shah Junaid Alam died and his heirs were brought on the record. One of them, hid daughter, is the appellant before us. The first application for execution was made on the 18th of Marsh 1913 and was dismissed for reasons which we need not now consider The second application was made on the 16th of March 1914 and was dismissed in 1914. The third application, out of which this

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