Mathura Das vs Hari Shanker - 1948 Supreme(All) 39

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1948 Supreme(All) 39

BHARGAVA
Mathura Das – Appellant
Versus
Hari Shanker – Respondent

JUDGMENT

Bhargava, J. - The firm Narain Das Ganga Saran of Hathras held a decree against the firm Hari Shankar Moti Ram of Aligarh. The decree was transferred to the Court of the Munsif of Koil, Aligarh, for execution. The Court executing the decree made an order for attachment of the moveable property of the judgment-debtor. The amin attached the property and entrusted the same to Mathura Das, who was appointed a supurdar and executed a tupurdnama on the 30th July 1936. Under the supurdnama he under took to deliver the property whenever and wherever he was called upon by the Court to do so and in the event of his failure to deliver the property to pay its value and the Court could recover the same from his person and property.

2. The firm Mithan Lal Mangal Sen of Delhi also held a decree against the firm Hari Shankar Moti Ram of Aligarh. That decree was also transferred to the Court of the Munsif of Koil, Aligarh, for execution. In execution of that decree also certain moveable property of the judgment-debtor was attached and it was entrusted to Lakshmi Kant, who was also appointed a supurdar, presumably on the same terms.

3. Both the supurdars failed to deliver the property entruste

Click Here to Read the rest of this document