Judgement

KANIA, J. :- This is an appeal directed against the judgment of a Division Bench of the High Court of Calcutta in appeal from Original Order No. 282 of 1981 with C. R. No. 3842(M) of 1980. The relevant facts for the purpose of this appeal can be shortly stated. In August 1969, the appellant before us obtained a money decree in High Court at Calcutta against the judgment-debtor Maharajkumar Maley Chand Mahatab. On 31st July, 1970 the appellant filed a petition for execution of the decree, numbered as Title Execution Case No. 19 of 1970. On 3rd August, 1970 attachment was levied in execution on open land belonging to the judgment-debtor admeasuring about 19 Kathas at 10A, Diamond Harbour Road, and portion of premises No. 2 Judges Court Road, now, numbered as 6/1D, Diamond Harbour Road and 2/A, Judges Court Road, 24 Paraganas respectively. On 14th September, 1970, the judgment-debtor sold a portion of the attached property admeasuring a little over 11 Kathas to one Bharat Shamshere Jung Bahadur Rana. On 29th March, 1972 Bharat Shamshere Jung Bahadur Rana sold a portion of the said land admeasuring a little over 9 Kathas (referred to hereinafter as "the said property") to Prab