MOHABBAT ALI Vs. AJUDHIA PRASAD

JUDGEMENT

(1.) This is a judgment-debtor's appeal arising out of execution proceedings. It appears that the appellant and the respondents were partners in a business of burning coal in a state forest. Thereafter there was some dispute between the parties and a suit was filed for the dissolution of the partnership and for accounts, A decree was passed in the following terms:

(2.) The decree was put in execution on the 27th October, 1950, in respect of the decretal amount including costs against Mohd Ali, but we are not concerned with that portion of the decree. On the 1st of May, 1951, the decree-holder applied for execution of the decree against both the Judgment-debtors for recovery of his l/3rd share of the coal in the jungle of village in dispute and he further alleged that out of the said coal six thela loads of coal was in the stock of one Sardar Hari Singh and the remaining coal was in the jungle. Therefore, he claimed his l/3rd share in the coal which was with Sardar Hari Singh and also his 1/3rd share which was still in the jungle.

(3.) An objection was raised by the judgment-debtor that this decree was not an executable decree. It was contended by him that this decree was only declaratory decree and not a decree by virtue of which possession could be obtained. This objection found favour of the trial court and he rejected the application. There was an appeal by the decree-holder and the Additional Civil Judge in appeal dismissed the objections of the judgment-debtor and has allowed execution to proceed. Aggrieved by the judgment of the learned Additional Civil Judge the judgment-debtor has come up to this Court.