SHAMBHOO DAYAL ENDOWMENT TRUST, GHAZIABAD THROUGH ITS SECRETARY SRI AMBA PRAKASH, TAHSILDAR, GHAZIABAD Vs. OM PRAKASH AND OTHERS

JUDGEMENT

(1.) THIS is a decree -holder's appeal arising out of an execution matter.

(2.) ON 19 -1 -1948 a decree for Rs. 1,200 was passed in favour of the Appellant against one Jugal Kishore. Jugal Kishore died after the decree and his legal representative Om Prakash, the son, was impleaded as the Judgment -debtor in place of Jugal Kishore. On 15 -3 -1951, the decree -holder executed his decree and attached certain standing crops to the extent of one -third. These crops had been raised by Om Prakash. On the land which formed the assets of Jugal Kishore, the judgment debtor. On 6 -2 -1951, Om Prakash sold the standing crops which had been attached as also the other crops to one Murari Lal under a registered sale deed. Objections were raised on behalf of both Murari Lal and Om Prakash to the attachment of the crops on the ground that the standing crops could not be treated as property forming part of the assets of the deceased Jugal Kishore, since the crops had been raised by Om Prakash and not by Jugal Kishore. The decree holder's contention was that even though the crops had not been raised by Jugal Kishore, the crops having been raised on the belonging to Jugal Kishore they formed part of the assents of Jugal Kishore and they could be attached and sold in execution of the decree which had been obtained against Jugal Kishore.

(3.) THE question that arises for determination, therefore, is whether the crops raised by the legal representative; at a deceased judgment -debtor could be said to be assets of the deceased Learned Counsel for the Appellant relied on certain cases to support his contention but before I came to examine these cases I should like to examine the basis on which the Appellant's contention was advanced. There can be no doubt that land, of all character, belonging to a judgment -debtor on his death, passes to his legal representatives as his assets and is liable for the payment of his debts. Any profits accruing out of such land must also partake of the nature of the land. It is settled law that rents and profit are the legal incidents of property So that, if rents and profits are legal incidents of property, then when any property becomes the assets of a deceased in the hands of a legal representative all the incidents of such property also become property in the hands of the legal representative. Therefore, rents and profits accruing from such property must also be deemed to be assets of the deceased.