Mt. Aziz Fatma vs Mukund Lal - 1932 Supreme(All) 204

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1932 Supreme(All) 204

PULLAN
Mt. Aziz Fatma – Appellant
Versus
Mukund Lal – Respondent

JUDGMENT

Pullan, J. - The zamindari shares of two brothers were put to sale in execution of a simple money decree and purchased by one Haji Muhammad Saleh Khan on 20th April 1925. At the time when that sale took place, another person, a mortgagee, had also brought a suit in respect of this property. The mortgagee had obtained a final decree on 3rd April 1925, and he in his turn put the property to sale. The former purchaser, Haji Muhammad Saleh Khan, had received a notice of the impending sale at the instance of the mortgagee on 2nd September 1925, and on 8th September 1925 Saleh Khan executed a lease of certain plots in favour of one Muhammad Ishaq for 20 years at what has been held by the learned District Judge to be a favourable rate of rent. On 28th July 1926 the property was sold again in execution of the mortgagee's decree and was purchased by the present plaintiffs, who filed this suit for a declaration that the lease in favour of Muhammad Ishaq was fictitious and void, for possession of the plots covered by the lease and for a sum of Rs. 750 a year by way of damages.

2. In this second appeal we have to determine the position of the lessee as against the present plaintiffs. We

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