SALIK RAM UPADHIA Vs. B JAI GOPAL SINGH

JUDGEMENT

(1.) THIS is an appeal on behalf of the defendant-appellant against a decree passed by the learned civil Judge of Sultanpur. The points raised in the case were not very difficult but the learned judge got lost in the number of authorities that were cited before him and appears to have come to an entirely erroneous conclusion.

(2.) ON Thakur Rudra Pratap Singh, Taluqdar of Rampur, had borrowed a sum of money from one salik Ram on 10-5-1932. Thakur Rudra Pratap Singh died issueless on 3-5-1933. He, however, left a widow surviving him, named Thakurain Sri Nath Kuar. On 14-10-1930, he executed a will which contained the following provision about his wife if he died issueless:

(3.) AFTER the death of Thakur Rudra Pratap Singh the widow applied for mutation of her name in the village records, mutation was effected and she got possession of the property. On the 2nd of june 1939, Salik Ram filed a suit against Sri Nath Kuer and claimed the money out of the estate of the deceased, A decree was passed in his favour and the decree provided that the money was to be realised from the estate of the deceased Thakur Rudra Pratap Singh. This decree is dated 30-9-1939. On 2-7-1941 Sri Nath Kuar relinquished the property in favour of Thakur Jai Gopal singh on condition that he will pay off the debts and will arrange for the maintenance of the widow. On 24-8-1946 the decree-holder applied for execution of the decree against Thakur Jai Gopal singh for recovery of the amount due from the estate of the deceased Thakur Rudra Pratap singh. Thakur Jai Gopal Singh filed an objection on the 23-9-1946 that the decree was not executable against him and that his name could not be substituted in place of the name of the widow. On 2-11-1946 however counsel appearing for him agreed to the substitution of his name but as the decree-holder did not proceed with the execution the papers were consigned to the record room on 13-11-1946.