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1977 Supreme(Guj) 4

B.K.MEHTA
Vrajlal Jagjivandas Pandya – Appellant
Versus
Jaswantlal Shivlal – Respondent


Advocates:
Mrs. K.A. Mehta, for Appellant:J.G. Shah, (for No. 1) and S.N. Shelat (for No. 2), for Respondents.

JUDGMENT:-

This is an appeal under S. 47 of the Code of Civil Procedure at the instance of original opponent No. 1 the judgment-debtor. Respondent No. 1. herein obtained a decree in Summary Suit No. 26 of 1966 on the file of City Civil Court, Ahmedabad for Rupees 12,991/- and interest thereon against the present appellant. Respondent No. 1 herein applied for execution of the said decree by seeking to attach the part of the plot No. 14 belonging to the judgment-debtor the appellant herein and situated within Hindu Colony Co-operative Housing Society Limited. The appellant raised certain objections against the execution contending, inter alia, that the plot of land or a portion of it is not liable to be attached as he has no right or interest in the said plot of land which in fact and law belonged to the Co-operative Society and it was merely allotted to a member by the Society and, therefore, he had no saleable interest whatsoever therein. The appellant also contended that in any case the part of the plot of the land sought to be attached was transferred by him to his wife by way of gift and, therefore, also the property in question was not liable to be attached and sold in executio













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