BANK OF NEW INDIA LTD Vs. SUKUMARI PONNAMMA

JUDGEMENT

(1.) The plaintiff having obtained a money decree against defendants 1 & 2 attached the second defendants undivided one-third share in certain properties belonging to her Thavazhi consisting of herself and her two children. The respondent, who is the daughter of the second defendant, preferred a claim under O.21 R.58 CPC. objecting to that attachment on the ground that, the Thavazhi being undivided the second defendant has no definite share in the properties liable to be attached in execution. The decree holder, on the other hand, contended that with the coming into force of the Hindu Succession Act, 1956, every member of a Tarwad has been conceded a heritable right in the Tarwad properties and the same is liable to attachment.

(2.) The learned Munsiff held:

(3.) It is to revise the above said order that the decree holder has preferred the Civil Revision Petition. When it came up for hearing before a learned Judge of this Court, it was referred to a Division Bench; and when it subsequently came up before a Division Bench, it was referred to a Full Bench for decision as the question involved appeared to be one of general importance.