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1905 DIGILAW 103 (ALL)

Gaffar Hasan Khan v. Muhammad Kifayat-Ul-Lah Khan

1905-05-08

AIKMAN, KNOX

body1905
JUDGMENT : KNOX, J. 1. The judgment in the case of Sheo Prasad v. Behari Lall, [1902] I.L.R., 25 All., 79 and specially the concluding portion of it, is entirely in the respondents' favour, Rightly or wrongly the respondent Obtained an order under section 86 of the Transfer of Property Act for the sale of a portion only of the mortgaged property. 2. That order became final between the parties, Property so ordered to be sold has been sold, and the proceeds of the sale have been found insufficient, and consequently the conditions precedent to a decree under section 90 have been fulfilled. We dismiss the appeal with costs with counsel's fees on the higher scale.