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MUDHOLKAR, NAIK
IZZUL JABBAR KHAN AZIZUL JABBAR – Appellant
Versus
CHAIRMAN DISTRICT COUNCIL KUCHERY WARD SEONI – Respondent
1. This is a Plaintiffs' appeal from the dismissal of their suit for possession of mouza Piparia.
2. It is an admitted fact that the aforesaid village belonged to one Abdul Jabbar, the father of the Appellant No. 2 and Defendant No. 4 and the grandfather of Appellant No. 1. It is no longer disputed before us that during the lifetime of Abdul Jabbar he became liable under a surety bond to pay certain bazar dues to the Respondents 1 and 2. The primary liability for these dues was on Abdul Baki Khan arid one Abdul Razak Khan who had taken contracts from the Respondents 1 and 2 In addition to the surety bond, Abdul Jabbar had mortgaged the village in suit under deeds dated 5-4-1935 an 16-10-1937.
3. Abdul Jabbar died on or about the 10th November 1937. After his death the village was sold to recover these dues on 20-12-1941 for Rs. 2000/- and purchased by the Respondent No. 3. Objections to the sale were made under Section 146 of the C.P. Land Revenue Act by the Appellants and the Respondent No. 4 but they were dismissed and the sale was Confirmed on 24-6-1942. Thereafter possession was delivered to the Respondent No. 3 on 19-10-1942.
4. According to the Appellants, Abdul Jabbar h
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