Petitioner Radhabai is the objector in execution proceedings. Kadar Ali, the opponent, was a decree-holder who obtained a decree in Civil Suit No. 63 of 1945-46 from the Munsiffs court, Barwani, against Kundanlal who is the son of Radhabai, the petitioner. In execution of this decree Kadar Ali had attached four houses in Barwani. Radhabai in her objections, under Order 21 Rule 58 Civil Procedure Code, to the attachment of the four houses, stated that she had adopted Kundanlal when he was only a boy aged 12 years, and that on 14-2-1933 prior to the ceremonies of adoption, there was an agreement between Radhabai and Motilal, natural father of Kundanlal, whereby the latter was given certain cash, ginning factory, shop business, with one residential house.

The rest of the property consisting of several houses, land, moveable properties and ornaments was to remain with Radhabai as her absolute property. On this basis, the petitioner claimed the houses as her own and not liable to attachment in a decree against her adopted son. The objection was dismissed. Therefore, Radhabai filed a declaratory suit under O. 21, R. 63 Civil P. C. The District Judge, Barwani, decreed this suit. Kad