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1962 Supreme(All) 41

M. C. DESAI, S. N. DWIVEDI
DHOOM CHAND JAIN – Appellant
Versus
CHAMAN LAL GUPTA – Respondent


Advocates Appeared:
GYAN PRAKASH, K.N.TRIPATHI, S.N.KACKAR, V.K.S.Chaudhary, YASHODA NANDAN

DWIVEDI, J.


( 1 ) CHAMAN Lal Gupta the respondent, instituted suit No. 27 of 1949 for recovery of about Rs. 11,000/- from the appellant, his brother Daya Chand Jain, and Shambhu Lal and Sons, their joint family business, During the pendency of the suit Chaman Lal Gupta got an order of attachment before judgment of bungalow no. 1 B. P. Jain Road, of quarters No. 1 to 12 and 13 to 24, British infantry Bazar, of No. 116, Cowshed, Royal Artillery Bazar and of No. 46, Royal Artillery bazar. The suit was decreed for Rs. 11,646/-approximately on August 13,. 1956. On April 4, 1957 Chaman Lal Gupta applied for execution of his decree by sale of the aforesaid attached proper- ties. It appears that Mainawati, a sister of the appellant and Payal Chand Jain, also held a money decree against them. In execution of her decrees she also applied for sale of the aforesaid properties, Thus at one and the same time two decree-holdeds, Chaman Lal Gupta and mainawati, were proceeding against the aforesaid properties. It appears that the said properties were sold first in execution of Mainawatis decree, Chaman Lal filed an objection in her execution case. His objection was allowed and the sale was get as
























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