SULTAN SINGH
BELREX INDIA LIMITED – Appellant
Versus
SINGHAL ELECTRIC COMPANY – Respondent
( 1 ) M/s. Belrex India Ltd. Calcutta a decree for recovery of Rs. 1,83,641. 48 besides interest and costs against Singhal Electric Company and its partners. The judgment debtors were carrying on business in a shop at 1868, Mahalaxmi Market, Bhagirath Palace, Chandni Chowk, Delhi. The goods lying in the shop were attached by actual seizure. A local commissioner put his own lock and seal at the shop. The attached goods have since been removed from the shop and it is lying vacant. The decree holder states that the said shop is only asset of the judgment debtors known to the decreeholder, that they are not in a position to run business in the shop as they have no funds and it will be futile to restore possession of the shop to them. The decree-holder states that it is willing to take possession of the shop in order to run a show room-cum-retail sale depot, and to adjust Rs. 2000. 00 per month for use and occupation of the shop from the amount of the decree. Thus it is prayed that the possession of the vacant shop be handed over to the decree holder and the amount for use and occupation be fixed and it be allowed to adjust the same towards the amount due from the judgm
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