RAJA RAM Vs. GIRRAJ KISHORE

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit for a declaration that a certain house was not liable to attachment and sale in execution of a decree. The appeal came on for bearing before our learned brother Takru, who being of the opinion that an important question of law arose in the case, referred it to a larger Bench.

(2.) In 1946 the house was sold by the plaintiff to Pyare Lal and Deo Kumari for a sum of Rs. 3,000/-, out of which Rs. 1,500/- only were actually paid and concerning the balance the purchasers executed a simple mortgage in respect of the house in favour of the plaintiff. Subsequently, on May 18, 1952 Pyare Lal and Deo Kumari executed a sale deed conveying this house to the plaintiff for Rs. 3,000/- the sale deed being registered on the next day.

(3.) The defendant Girraj Kishore pursuant to a claim against Pyare Lal, instituted a suit (No. 184 of 1952) against him and on May 19, 1952 obtained an order of attachment before judgment whereby Pyare Lal was prohibited from transferring his interest in the house during the pendency of the suit. An objection was filed by the plaintiff under Order 38, Rule 8, C. P. C., but the objection was disallowed. Accordingly, the plaintiff filed the pre sent suit for a declaration that the house in suit, or at least to the extent of the half portion belonging to Deo Kumari, was not liable to attachment and sale in execution of the decree obtained by Girraj Kishore.