( 1. ) THIS appeal by the defendant No. 1 is directed against the judgment and decree dated 7-12-1967 passed by the first Additional district Judge, Dhar in Civil First Appeal No. 100-A of 1966 arising out of 4he Judgment and decree dated 31-3-64 passed by the Civil Judge Class I, dhar, in Civil Suit No. 2 of 1963.

( 2. ) DECEASED Babulal was the husband of defendant No. 2 Lilabai, he was elder brother of defendant No 1 Tilokchand. Plaintiff Bhagirath obtained a decree against defendant No. 2 Lilabai for Rs. S870 in Civil Suit no. 11 of 1960 of the Court of Civil Judge Class I, Dhar. In execution of the aforesaid decree, agricultural land bearing survey No. 321 area 57 3/4 big has situate in village Labrawada was attached. Defendant No. 1 Tilokchand preferred an objection under Order 21, rule 58 of the Code of Civil Procedure alleging that land measuring 18| and 4 biswas out of the attached land was not liable to be attached and sold in execution of the decree against Lilabai. This objection was allowed and the land objected to was released from attachment. Thereafter the plaintiff filed the present suit under Order 21, rule 63 of the Code of Civil Procedure. His case was