MADAN LAL SINDHWANI Vs. MOHINDER LAL ARORA

JUDGEMENT

(1.) This is an appeal from an order of the Sub Judge dated 13-2-1976 allowing an application under Order 47 read with Section 151 of the Code of Civil Procedure in the following circumstances.

(2.) Govind Ram Sindhwani had obtained a decree for Rs. 15,000.00 with costs and future interest against Sardar Hakim Singh. As early as 21st November, 1966 the decree-holder had also effected an attachment of a plot of land measuring 1866.6 sq. yards being plot No. 3, in block No. 6 of the Industrial Area on Najafgarh Road at Kirti Nagar, Delhi.

(3.) Govind Ram died on 8-2-1968 and the judgment debtor Hakim Singh also died on 15-2-1973. The legal representatives of the decree-holder are the appellants in the present appeal. They are aggrieved by the order of the Sub Judge who has upheld, in a review application, a plea taken to the effect that the property was not liable to attachment. This plea had been taken in execution proceedings not by the legal representatives of the judgment-debtor, (who are respondents No. 2 to 6 in the appeal) but by one Mohinder Lal Arora (the first respondent herein). He had contended that the property in question had been granted by the President of India on a 99 year lease to Sardar Bhagat Singh, father of Hakim Singh the judgment-debtor. This lease dated 3-10-1962 had been granted under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 read with Rule 140 of the Rules made thereunder. The plea of Arora was that the property formed part of the compensation pool vested in the Central Government and as such exempt by reason of the provisions contained in Section 15 of the above Act. Before dealing with this contention, which has found favour with the subject it is necessary to explain how the first respondent has entered into the picture and also to set out the details of the execution proceedings taken by the decreeholder in so far as they are relevant for the determination of the present issue.