1930 (3) TMI 15

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....and, who appears on behalf of the respondents, has frankly admitted his inability to defend it. 2. The relevant facts, as stated by Counsel for both parties before me are, that on 7th January 1926, the firm Ghulam Farid-Fazal Karim instituted a suit for recovery of Rs. 5,000 on foot of a hundi against firm Karim Baksh-Fateh Muhammad, through Karim Bakhsh and his son Fateh Muhammad, in the Court....

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....ber 1926, Fateh Muhammad, defendant, had executed a registered mortgage-deed of the house in question in favour of Dar-bari Ram and Amar Ditta, petitioners. The mortgage was stated to have been with possession and it is claimed on behalf of the petitioners that they have been in possession ever since. 4. On 24th October 1928, the decree-holders, having obtained a transfer certificate, proceeded....

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....ted the mortgage. Secondly, Section 64, on which the learned Judge has relied relates to private alienations of property after it had been attached by order of a Court. In this case no order of attachment had been passed. All that the trial Judge had done was to issue, an ad interim injunction restraining the "defendant" from alienating the house. It is conceded by Mr. Faqir Chand that Section 64 ....