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1957 Supreme(P&H) 54

TEK CHAND
Firm Ganga Ram Kishore Chand – Appellant
Versus
Firm Jai Ram Bhagat Ram – Respondent


Judgment

Tek Chand, J.

1. Execution First Appeal No; 151 of 1956 was presented in this Court by Firm Ganga Ram Kishore Chand Judgment-debtor-appellants against firm Jai Ram Bhagat Ram decree-holders. The decree-holders had obtained a decree for recovery of Rs. 6,830.

2. The other appeal Execution First Appeal No. 206 of 1956 was presented in the Court of the District Judge, Ferozepore, from which Court, it has been transferred to this Court In this case a decree was passed in favour of Nauharia Ma! respondent for a sum of Rs. 2,707/ on the 12th January, 1955. As the judgment-debtor in both execution first appeals is the same, and the property under attachment is identical, the two appeals can be conveniently disposed of by the same judgment. The house under attachment is a three storeyed building situated in Moga Mandi. The two upper storeys are admittedly used for residential purposes, and are in the occupation of judgment-debtors and the members of their families. As regards the purpose, to which the ground floor is put, there is a conflict between the respective versions of the parties. The judgment-debtors-appellants maintained, that after the failure of their business several y







































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