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1955 Supreme(Raj) 154

WANCHOO, DAVE
Poonam Chand – Appellant
Versus
Motilal – Respondent


Advocates Appeared:
Murlimanohar Vyas, for Appellant; Sumer Chand & Mahaveer Chand, for Respondents

Dav, J.—This is a first appeal by the plaintiff, Poonamchand, in a suit under Order XXI Rule 63 of the Civil Procedure Code.

2. The facts giving rise to it are that defendant No. 3 Sunderlal and No. 4 Daudas had a decree against defendant No. 5 Gulab Das, and in execution of that decree, they got an attachment of a house situated in Bhootron-ka-Vas at Pokaran. The description of that property is given in para No. 2 of the plaint and need not be repeated here. The plaintiff presented an objection petition under Order XXI, Rule 58 of the Civil Procedure Code. The decree-holder contested that application on the ground that the house originally belonged to defendant No.1 Motilal, that he and his mother Mst. Dhapi defendant No. 2 had sold it to Sangidas Beharial, who were father and grandfather respectively of the judgment-debtor, Gulabdas, defendant No. 5. The plaintiffs objection-petition was dismissed. Thereafter the attached property was put to auction and pruchased by defandant No. 6 Hemraj.

3. The plaintiff and edfendants Nos. 1 and 2 related to each other. They come from a common stock one in order to under-stand the case it would be proper to give their pedigree-table which is not



























































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