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1930 Supreme(All) 217

Kaisar Beg and Muhammad Hashim Ali Khan – Appellant
Versus
Sheo Shankae Das – Respondent


JUDGMENT

Niamat-Ullah, J. - This is an execution appeal from an order passed by the learned Subordinate Judge of Jaunpur on an objection preferred by the Appellant to the sale of village Mainipur, one of eleven properties directed to be sold by the decree obtained by the respon-dents under Order XXXIV, Rule 5 of the Code of Civil Procedure. Another of those eleven properties is village Pachhatia. It is common ground that Hashim Ali Khan, to whom the aforesaid eleven properties belonged, executed a mortgage deed in 1910 in respect of village Pachhatia in favour of Damodar Das, now represented by his son Sheo Shankar Das and others, the Respondents decree-holders. On the 16th of July, 1914, Hashim Ali Khan executed a mortgage deed in respect of all the eleven items in favour of the aforesaid Damodar Das. On the 19th of August, 1915, Hashim Ali Khan sold Mainipur to Mirza Kaiser Beg, the Appellant. The Respondents decree-holders or their predecessor in title obtained certain mortgages in respect of some of the eleven properties other than Mainipur by certain deeds executed in 1916 and 1922.

2. Damodar Das having died in the meantime, his legal representatives Sheo Shankar Das and others

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