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1949 Supreme(Nagpur) 52

J SEN
WAMANRAO – Appellant
Versus
RAMCHANDRA MAROTRAO – Respondent


Advocates Appeared:
M Adhikari, R J Bhave, W B Pendharkar, Advocates

JUDGMENT

J Sen, J—This appeal arises out of an execution case. The appellant Waman Nanaji Patil obtained a decree on 19-3-1934 in Civil Suit No. 60 of 1932 against the respondent Ramchandra 'alias' Chandrabhan son of Marotrao Patil for Rs. 14,954-6-0 and Rs. 1,108/- as costs. The decree-holder made an application on 11-2-1942 for execution of the decree for Rs. 14,953-12-0 and asked that the leasehold rights of the judgment-debtor under the lease dated 25-8-1915 be attached and sold.

2. Subsequent to the filing of the execution application, the decree-holder filed a list of the fields which the judgment-debtor had obtained on lease in perpetuity under the lease dated 25-8-1915 executed by Gulabrao Narayanrao Patil in his favour. Afterwards, the decree-holder filed a certified copy of the lease on 6-3-1942. On that date the executing Court directed the issue of a prohibitory order under Order XXI, Rule 54, Code of Civil Procedure, 1908, prohibiting the judgment-debtor from transferring or charging his leasehold rights in any way. The prohibitory order was served on the judgment-debtor on 7-5-1942.

3. On the objection (Miscellaneous Case No. 19 of 1942) made by Bhasker on 18-9-1942 unde
















































































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