Sattar vs Nazir Khan - 1928 Supreme(All) 143

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1928 Supreme(All) 143

DALAL
Sattar – Appellant
Versus
Nazir Khan – Respondent

JUDGMENT

Dalal, J. - A final judgment for the preparation of a final decree was passed in this suit on 26th November 1924. According to the judgment, and also according to the decree, certain defendants, who are applicants here, were exempted, and the decree was passed only against defendants 1 to 10, 13, 27, 28, 29 and 30. The plaintiff was decreed possession against these defendants only, and his suit against the other defendants was dismissed. It is not necessary to dwell on the reasons for the dismissal. To find out over what property the plaintiff should be given possession, the Court ordered the amin on 8th November 1924, to prepare a plan of the portion of the house over which the plaintiff was to receive possession. The amin prepared a plan containing the property in possession of the defendants-applicants who were specially exempted from the operation of the decree. Parties and pleaders were negligent as usual, and no one discovered the mistake. Negligence went so far that when the plaintiff Nazir Khan applied some years later for the correction of the decree when he discovered that wrong property was decreed to him, the defendants-applicants themselves objected, suspecting

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