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1934 Supreme(All) 100

Mt. Phool Kunwar – Appellant
Versus
Rikhi Ram – Respondent


JUDGMENT

1. This appeal arises from an application for execution made by the respondent Pandit Rikhi Ram who obtained a simple money decree against Shah Jwala Prasad since deceased. The decree-holder applied for execution of his decree by attachment of rents due from the tenants holding land left by the judgment-debtor. The latter's widows Mt. Phool Kunwar and Mt. Khem Kunwar objected to the attachment of the rents, inter alia, on the ground that they accrued after the death of Shah Jwala Prasad and were therefore their personal property and not part of the assets left by the deceased. Their objection was dismissed by the lower Court. They have come up in ppeal to this Court.

2. It is clear that the decree against the deceased judgment-debtor can be executed against the assets left by him. The question is whether the rents accruing due since his death and payable by the tenants holding immovable property once belonging to him can be considered to be part of his estate. The widows are in possession of the property belonging to their late husband as his legal representatives. The fact that they have widows' estate under the Hindu law does not make them any the less legal representative

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