Ram Jiwan vs Inder Bahadur Singh - 1935 Supreme(All) 332

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1935 Supreme(All) 332

GANGA NATH
Ram Jiwan – Appellant
Versus
Inder Bahadur Singh – Respondent

JUDGMENT

Ganga Nath, J. - This is a defendants' appeal and arises out of a suit brought against them by the plaintiff-respondent for a declaration that l/3rd share of defendant 3 in the properties described in the plaint was liable for attachment; and sale in execution of his (plaintiff's) decree No. 946 of 1929. The plaintiff's case was that he had a decree against defendant 3. Ha applied for attachment and sale of the property of defendant 3. An objection was filed by defendants 1 and 2, who have got his share sold in execution of their decree, and the objection was allowed. Defendants 1 and 2 contended that defendants 3 and Jadunandan were brothers, that they were joint, that Jadunandan had executed a deed as head of the family in their favour and that defendants 1 and 2 obtained a decree on the basis of the said deed and in execution thereof got the shares of Jadunandan and Jagannath both sold. An objection was filed by Jagannath to the attachment of his. share, which was disallowed on 16th August 1930. No suit was filed by Jadunandan under Order 21, Rule 63, and the order dated 16th August 1930, had become final. The trial Court found in favour of the defendants and dismissed t

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