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1950 Supreme(P&H) 68

KAPUR
Agha Jafar Ali Khan – Appellant
Versus
Radha Kishen – Respondent


Advocates:
Mela Ram Aggarwala -for Applts.; S.L. Puri and K.C. Nayar - for Resps.

Judgment. - This is a D. H.s appeal against an order passed by Mr. Harnam Singh, Subordinate Judge, 1st Class, Amritsar, dismissing the appln. for execution of the D. H. and accepting the objections of the J. D. that the property sought to be sold in execution was a house used for residential purposes of the J. D. and was therefore exempt from attachment and sale in execution of a decree.

2. Radha Kishan, the present J. D. obtained a decree against Hari Singh and in execution of that decree he had some property of Hari Singh sold which was purchased by Agha Mohammad Sultan. An objection was successfully raised by the Shiromani Gurdwara Parbandhak Committee under O. 21, R. 53, Civil P. C. that the property belonged to Gurdwara Shahid Ganj Bhai Taru Singh and as a result the sale was set aside. Radha Kishan and the auction purchaser some time before the decision of the objections agreed with each other that the sale be confirmed and the D. H. be allowed to take away the purchase money subject to his furnishing security for its refund in case the property was proved to belong to the Gurdwara. One Atma Singh stood surety and Badha Kishan was allowed to take away Rs. 11,100 which was the





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