PATEL CHATURBHAI NANABHAI Vs. PATEL MOHANBHAI NANABHAI

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 47 of the Civil P.C. against the order passed by the learned Joint Civil Judge, Senior Division. Nadiad, in Special Darkhast No. 54 of 1968, dated 26th February, 1970.

(2.) The facts giving rise to this appeal, briefly stated, are as under: This Darkhast is filed by respondent No. 1, Patel Mohanbhai Nanabhai (original defendant No. 1) against the appellant-plaintiff for execution of the decree passed in Special Civil Suit No. 22 of 1951 - a partition suit between two brothers - on 15-3-1954. Respondent No. 2 (original defendant No. 2) was an alienee. We are not concerned with him in the present proceedings. Respondent No. 1 sought to recover Rs. 2,002/- plus the costs of the Darkhast, Rs. 7.88 plus the interest amount of Rs. 2,274.88 paise from the appellant. Under clause 6 of the decree, the appellant had undertaken an obligation to pay Rs. 1,001/- on the first occasion of the marriage or respondent No. 1's son or daughter. Rs. 1,001/- were also to be paid accordingly on the second occasion of such marriage. If these amounts are not paid, he has been given a right to recover the same from the moveable as well as immovable properties of the appellant by execution of the decree.

(3.) In this Darkhast, several objections were raised by the appellant. One of them was that the Darkhast was time-barred. It was his contention that he was not informed of the marriages having taken place and hence he was not entitled to pay the amounts claimed. The decree cannot be executed as it is vague and uncertain. Other provisions of the said decree which were to be complied with by the Darkhastar, have not been complied by him and, therefore, he cannot execute this part of the decree which he has sought to execute.