Judgment

ALAGIRISWAMI. J. :- This appeal relates to a house situated in Ujjain City of Madhya Pradesh. The respondent purchased it from Jassabai, the widow of the one Guman Singh. The appellant attached the suit house and the respondent preferred a petition under Order 21, Rule 58 C.P.C. That petition having been allowed the appellant filed a suit under Order 21, Rule 63 C.P.C., out of which this appeal arises.

2. The appellant (he died during the pendency of the appeal and his eldest son was brought on record) averred in the suit that Guman Singh and his cousin Onkar Singh who were members of a joint Hindu family were having monetary dealings with him and on 27-5-1945 executed an agreement Ext. P. 2 admitting their liability for Rs. 32,500 and also undertaking to pay it by the year 1951. The dispute between them was referred to arbitration and on the basis of the award given by the arbitrator a decree was obtained and in execution of the decree the disputed house was attached by him and the respondent had no title to it. The Trial Court held that Guman Singh and Onkar Singh were members of a joint Hindu family of which Guman Singh was the karta and that the decree in favour of the a