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1975 Supreme(SC) 540

S.MURTAZA FAZAL ALI, R.S.SARKARIA
Naraini Devi – Appellant
Versus
Ramo Devi – Respondent


Advocates:
J.P.GOYAL, P.C.KAPUR, S.M.Jain, SHRI PAL SINGH, V.N.GANPULE, V.S.DESAI

( 1 ) THE following pedigree table illustrates the relationship of the parties.

( 2 ) SMT. Ramo Devi, widow of Kapur Chand (shown in the above pedigree table) obtained a money decree against her husband;s brother Nemi Chand. In execution of her decree she got attached one half-share in the double storeyed House No. 4416, situated at Agra representing it to be of the judgment-debtor. Smt. Naraini Devi, widow of Hira Lal, filed an objection petition under Order 21, Rule 58, Code of Civil Procedure against that attachment claiming the house to be her property. That objection was dismissed by the executing court on the 16/07/1962. Thereafter, she filed a suit under Order 21, Rule 63, Code of Civil Procedure to establish her claim. The suit was decreed by the trial Court. On appeal, the District Judge reversed the judgment and dismissed the suit. Naraini Devis second appeal was summarily dismissed by the High Court. She filed a review petition which was rejected by the High Court on 23/08/1967.

( 3 ) HENCE, this appeal by special leave.

( 4 ) IT is common ground between the parties that under a registered award dated 4/01/1946, the plaintiff Smt. Naraini Devi was given a life interest i




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