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1972 Supreme(Raj) 127

V.P.TYAGI
SHIV PRASAD – Appellant
Versus
TALI DEVI – Respondent


Advocates Appeared:
D.N.TANVAR, G.M.LODHA

Judgment


V. P. TYAGI, J.

( 1 ) THIS execution second appeal, filed by the judgment-debtors against the judgment of the District Judge, Jaipur District. Jaipur whereby the order passed toy the Civil Judge, Jaipur District. Jaipur dated 4-12-1967 was upheld, raises an important question whether the objection filed by the judgment-debtor that the property attached in the execution of the decree cannot be sold as the judgment-debtor had no saleable interest therein is covered by the provisions of Section 47, civil P. C. or not.

( 2 ) IT appears that the respondents-decree-holders obtained a decree against the appellants and in execution thereof two shops were attached and a proclamation of sale was issued by the Executing Court. The judgment-debtors raised a plea that they were not the owners of these shops and that their lease-hold rights in these two shops cannot be sold in the execution of the decree against them. The learned Civil Judge dismissed the objections of the Judgment-debtors by writing a four line judgment. On appeal the learned District Judge raised an important question of law whether the objection raised by the judgment-debtors can be entertained by the executing Cour







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