DHARAM NARAIN Vs. SMT. SANTOSH KUMARI AND OTHERS

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree by Sri M. Wahajuddin, learned District Judge, Etawah dated 19.11.1973. Learned Judge dismissed Civil Appeal No. 13 of 1972 and upheld the judgment of Sri N.B. Asthana in Civil Misc. Case No. 48 of 1970. The following pedigree which was not controverted before me, shall be helpful to appreciate the point involved in this appeal; The following pedigree which was not controverted before me, shall be helpful to appreciate the point involved in this appeal:

(2.) THE property in dispute is a house and shop situated in Qasba Bharthana, Mohalla Motiganj, Pargana, district Etawah, as detailed at the foot of the objection preferred under Section 47 of the Code of Civil Procedure preferred by respondents 1 and 2 in execution case No. 23 of 1970.

(3.) OPPOSITE parties 1 and 2 preferred an objection on the ground that the attached property belonged to their mother Smt. Bhagwati Devi who had purchased the property out of her own Stridhan through a registered sale deed dated 17.11.1967 from one Babu Ram. She got a site plan from the town Area Committee, Bharthana approved and constructed a Varandah and shop in 1950. Smt. Bhagwati Devi died leaving objectors who were unmarried minors at the time of her death. Ram Sewak subsequently remarried Smt. Rajeshwari Devi. Smt. Rajeshwari Devi and her issues colluded with decree -holder and wanted to garb this property to their prejudice. So there was a prayer for releasing the said property from attachment and sale in execution of the decree aforesaid.