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1960 Supreme(Raj) 149

DAVE
Mst. Jadav – Appellant
Versus
Ram Swarup – Respondent


Advocates Appeared:
J.P. Jain, for Appellant

Dave, J. —This is a second appeal by Mst. Jadav against the judgment of the learned District Judge, Alwar, dated the 24th August, 1956.

2. The facts giving rise to it are that respondent No. 1 Ram Swarup obtained a money decree against respondent No. 2 Jai Govind and also against the assets of Jagdish Prasad, deceased husband of the appellant, which were in her possession. In execution of the said decree, the decree-holder got attached one-half portion of a Haveli saying that it belonged to Jagdish Prasad judgment-debtor. The appellant filed an objection petition under sec. 47 C.P.C. It was averred by her that the portion of the Haveli which was attached belonged to her personally and not to her husband. She based her claim on a will which was said to have been executed in her favour on 20.8.52 by her grand-mother-in-law Mst. Bhagwati, who according to the appellant, was the then owner of the property attached. The appellants claim was contested by the decree-holder. The executing court came to the conclusion that the execution of the will by Mst. Bhagwati in favour of Mst. Jadav was not proved and the objection petition was dismissed. Aggrieved by that order dated 17.3.55, Mst. Jad













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