MAHADEO LAL Vs. DINKAR PRASAD

JUDGEMENT

(1.) This is an appeal from an order of the learned Subordinate Judge of Durbhanga allowing an objection which had been preferred by Darson Grope and Babu Anuplal, two of the present respondents, to the sale of a share in Mongah Kuar Ranjit, pergannah Chakmani, belonging to Babu. Dinkar Prasad and others (judgment-debtors respondents) in execution of a money- decree which had been obtained against those judgment-debtors by the transferor of Mohadeo Lal, the present appellant.

(2.) It appears that Mahadeo Lal is the transferee of a money-decree which had been obtained against Dinkar Prasad and others and that he, on the 29th May 1906, attached the property now in question in the execution of hat decree.

(3.) On the 17th May 1908, a mortgage-decree was passed against the same judgment- debtors in favour of Nund Lal Singh. In execution of that decree, the property in question in this appeal was attached and, on the 17th June 1908, was sold by auction and purchased by petitioner No. 2, Anuplal, in the name of petitioner No. 1, Darson Gope, two of the present respondents.