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1936 Supreme(Nagpur) 91

STONE, NIYOGI
FIRM GOVINDRAM DWARKADAS – Appellant
Versus
NATHULAL – Respondent


JUDGMENT

1. This appeal arises out of a suit instituted under Order XXI, Rule 63, Civil Procedure Code, to establish the plaintiff's right to a house, and for a declaration that the house is not liable to be attached and sold in execution of a decree obtained by the defendants against the plaintiff's father. The plaintiff, who is respondent No. 1 and respondent No. 2, Motilal, his father, formed a joint family which was dissolved by a partition effected between them on April 6, 1927. As a result of the partition a moiety of the house in suit fell to the share of the plaintiff and the other moiety to that of his father, but the plaintiff became the owner of the whole house by purchasing his father's half share by a registered sale deed on the same day as the partition for Rs. 5,000. The appellant, firm Govindram Dwarkadas and respondent No. 3 firm Goverdhandas Lakhmidas, obtained simple money decrees against the plaintiff's father in two separate suits filed by them in the year 1928 subsequent to partition, and in execution of their respective decrees they attached the house in suit. The plaintiff filed an objection to the attachment but it was rejected by the executing Court. Accord



















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