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1921 Supreme(All) 229

RAFIQUE, STURAT
Ram Chand alias Ratan Singh – Appellant
Versus
Mathura Chand – Respondent


JUDGMENT

Rafique, J. - It appears that Maharaj Singh and his son, Ram Chandra alias Ratan Singh, were members of a joint undivided Hindu family and had some joint family property. Daring the time that the family was joint, a certain item of property was acquired by right of pre-emption. On the 27th of February 1903 Maharaj Singh executed a tamliknama in favour of his son Ram Chandra in respect of the said property. On the 12th of December 1914 Mathura Prasad and Parbhu Dayal obtained a decree for their share of profits in m certain village against Maharaj Singh. In execution of that decree they attached the property that had been conveyed by the tamliknama of the 27th of February 1903 to Bara Chandra, the son of Maharaj Singh. He objected to the attachment on the ground that the property attaahed belonged to him. The objection was disallowed on the 7th of July 1917. There upon the suit out of which this appeal has arisen was instituted by Ram Chandra against the decree-holders, Mathura Prasad and Parbhu Dayal, for a declaration that the property sought to be attached by them was not liable to attachment and sale in execution of their decree. The claim was resisted on various grounds

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