Judgment

IMAM, J. (for himself and Raghubar Dayal J.) : This is an appeal against the judgment of a Division Bench of the Bombay High Court in Letters Patent Appeal No. 50 of 1953, reversing the decision of Shah, J. and restoring the order passed by the executing court which had been set aside by him.

2. Two questions arise for decision in this appeal (1) whether the Wada (house) ordered to be attached by the executing court is Watan Property, and if so, can it be attached in execution of a decree? (2) If the Wada is not Watan property, is it exempted from attachment by virtue, of the provisions of S. 60 of the Civil Procedure Code?

3. It is necessary now to state a few facts. One Rao Ba. Vithalrao Laxmanrao Thube, hereinafter referred to as Laxmanrao, brought Civil Suit No. 313 of 1943 against Tuljaramarao Narainrao Desai, hereinafter referred to as Tuljaramarao, to recover Rs. 80,000 which had been borrowed by him from the plaintiff. Laxmanrao s suit was decreed on December 20, 1943. Tuljaramarao having died his legal representatives, the present appellants, were brought on the record on September 21, 1944. In April, 1949. Laxmanrao filed an application for the execution of the decr