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1987 Supreme(Del) 410

P.K.BAHRI
RAMWATI – Appellant
Versus
KRISHAN GOPAL – Respondent


Advocates Appeared:
Ashok Gumani, RAJIV BEHL, S.P.Mahajan

P. K. BAHRI

( 1 ) THE short but interesting question of law arises in this appeal as to whether gratuity which was payable to an employee, who has died, is liable to be attached against decree for recovery of money passed against heirs of the employee and the decree was executable only against the estate of the employee in the hands of his heirs.

( 2 ) THE facts, in brief, are that Krishan Gopal, decree holder, filed a suit for recovery of Rs. 1800. 00 against Ramwati, Krishna Devi, Jasoda Bai and Baldev, daughters and son of Lakshmi Chand on the averments that Lakshmi Chand (since deceased) had borrowed Rs. 1450. 00 on April 3, 1964 and in consideration of which he executed a pronote agreeing to pay interest @ 12% per annum. This suit was contested by the defendants but was decreed on July 27, 1967, by Shri Shamsher Singh, Sub-Judge, with the direction that the decree would be executable against the estate inherited by the defendants from Lakshmi Chand, deceased.

( 3 ) THE execution application was filed by the decree holder seeking attachment of dues of Lakshmi Chand in the hands of Delhi Cloth and General Mills where the deceased was employed which included provident fund and gra




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