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1928 Supreme(All) 204

KING, SULAIMAN
Ram Kishun – Appellant
Versus
Lalta Singh – Respondent


JUDGMENT

Sulaiman, Ag. C.J.

1. This is a plaintiff's appeal arising out of a suit for a declaration that a certain house is not liable to be attached and sold in certain execution proceedings, and for a perpetual injunction restraining the principal defendants from taking any such proceedings.

2. It appears that one Murtaza Khan obtained a decree for sale against Bandhan. In execution of the decree the mortgaged property was sold and purchased by Lalta Singh, defendant 1. This defendant deposited the money in Court and Murtaza Khan withdrew the amount. Subsequently a minor Ram Prasad brought a suit for setting aside the sale, and got it held that the property did not belong to Bandhan. That judgment was affirmed on appeal, The property having gone out of the auction purchaser's possession he applied for a refund of the amount of the purchase-money. Murtaza Khan filed some objections but they were disallowed and he was ordered to repay it. While a revision on behalf of Murtaza Khan was pending, he obtained a postponement of the execution on the present plaintiff, Ram Kishun, standing as surety for the payment of the amount. Ram Kishun filed an unregistered security bond purporting to h

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