Dwarka Das vs Rafiuddin - 1939 Supreme(All) 24

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1939 Supreme(All) 24

BENNET, VERMA
Dwarka Das – Appellant
Versus
Rafiuddin – Respondent

JUDGMENT

Bennet, J. - This is a second appeal by defendant 1 Dwarka Das against concurring decrees of the two lower Courts in favour of the plaintiff. The facts as found are that there were five brothers, sons of Bandey Husain, a Mussalman, the plaintiff being a minor son. A decree was obtained by Dwarka Das, the appellant, against the four brothers who were of age, a simple money decree, in the Civil Court in original suit No. 221 of 1931. In execution of that decree the decree-holder attached 37 plots including those in dispute which stand recorded as occupancy tenancy of all the five brothers and a house and a well. Ex. 2 is a compromise which was filed in the execution Court on 25th May 1932 between the four brothers and the decree-holder. In this it was provided that until satisfaction of the decretal amount the plots in suit and the house and the well would remain attached. It was provided that instalments should be paid and in default of instalments that there should be sale of the property attached. There was default and an application for sale was made on 27th October 1934 and the property was sold on 19th December 1934 and purchased by the decree-holder, the appellant. On