SIRI NARAIN Vs. EHSAN ELLAHI

JUDGEMENT

(1.) This is a case which arises out of the same execution proceedings as Letters Patent Appeal No. 62 of 1947*which was decided by my learned brother Khosla J. and myself. The facts are practically the same but in order to understand the whole case I shall endeavour to give briefly the facts again.

(2.) Said-ud-Din, Niaz Ahmad and five others obtained a partition decree of property and for recovery of Es. 2,479 as mesne profits with costs against Mehr Ilahi and others. This decree was made final on 26-4-1939.

(3.) Sri Narain appellant in the present appeal obtained two decrees, one against Niaz Ahmad for Rs. 375 and the other against Said-ud-Din for Rs. 30. On 13-5-1939, Sri Narain purchased the share of the decree in favour of Niaz Ahmad. On 17-6-1939. he applied to bid in execution of his own decree for Said-ud-Din's share in his decree and represented that it was valued at about Rs. 30. He was allowed to bid and on 23-6-1939 he purchased the share of Said-ud-Din for Rs. 41. This was a share in a decree for partition and mesne profits as I have said above.