Gulshan Ali vs Zakir Ali on 16 April, 1920
In Rang Lal v. Annw Lal (1913) I.L.R. 36 All. 21 the opposite was ruled and it was held that the assignee could sue without the cancellation of the first certificate and the obtaining of another.
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Rang Lal Kuar And Ors. vs Kishori Lal And Ors. on 17 February, 1915
Sukhdeo vs Donger And Ors. on 4 February, 1935
8. We may refer to the cases of Ranga Lal v. Kishori Lal 1915 All.
Sita Ram Tiwari vs Katwari And Ors. on 18 March, 1921
680, Rang Lal Kunwar v. Kishori Lal (1915) I.L.R. 37 All. 278. These cases do not deal with the question which we have to determine in this case. In some of these cases the question was whether, after a sale in execution of a decree, it was open to the judgment-debtor to dispute the title of the auction purchaser and contend that the sale was an invalid sale. In one of these cases the question was whether a decree should be made for the sale of the property which was included in the mortgage, though the property might be an occupancy holding. That is not exactly the question which arises in this case. A decree has been passed, as I have said above, for the sale of the lands now in dispute. The point is whether in execution of that decree the court has the power to sell the property.
Ram Karan Singh And Anr. vs Raja Ram And Anr. on 23 April, 1924
6. The third plea is that a mortgage of an occupancy holding is void and that the inclusion of this holding in the deed invalidates the whole transaction. If the mortgage had been executed after the passing of the Agra Tenancy Act of 1901 there would have been much force in this plea. Under the previous law it was, however, held that such a mortgage was not absolutely void vide Rang Lal Kunwar v. Kishori Lal 28 Ind. Cas. 278 : 37 A. 278 : 13 A.L.J. 300.
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