DAYAWATI Vs. CHAMPA RAM

JUDGEMENT

(1.) THIS appeal is directed against the order of the Civil Judge, Aligarh dated 24-10-1972 passed in Civil Appeal No. 163 of 1972 allowing the appeal and reversing the order of the learned Munsif for restitution against the respondents under section 144 of the Code of Civil Procedure.

(2.) THE facts giving rise to this appeal are as follows :- Sampat Lal, respondent no. 2, obtained a decree for recovery of money against a firm M/s. Rameshwar Dass Ram Narain. Ram Narain, one of pertners of the firm, had died during the pendency of those proceedings and the decree was ultimately passed against the appellant who was the widow of Ram Narain and was substituted as his heir. She was shown as a judgment debtor but it was in respect of the assets of Ram Narain in her hand. In execution of the decree, Sampat Lal got the mortgagee rights in respect of the house in dispute attached and sold. Smt. Dayawati, present appellant, then filed an objection under Order 21 CPC against the sale. That objection was dismissed. In appeal, confirmation of the sale was stayed. Ultimately, the appeal was also dismissed.

(3.) SRI G. P. Bhargava, learned counsel for the appellant, states that under the stay orders passed by the lower appellate court and the High Court, rents are being deposited in the Court after 27-5-1972.