FIRM MATTOO LAL BALDEO PRASAD Vs. SHANTI DEVI

JUDGEMENT

(1.) These are two appeals arising out of the same order passed on appeal by the learned District Judge, Rae Bareli dated the 24th May, 1954. In both the appeals firm Mattoo Lal Baldeo Prasad is the appellant and Srimati Shanti Devi, as widow of The Udai Bhan Singh is the respondent.

(2.) The facts are as under:-

(3.) The appellants have a decree for money against the estate of Udai Bhan Singh in the hands of his widow which had been obtained on the foot of a promissory note executed by the deceased. The decree holder-appellants executed the above decree by proceeding against the interim compensation granted under the Zamindari Abolition and Land Reforms Act to the respondent in respect of certain zamindaris belonging to her and acquired under the Zamindari Abolition and Land Reforms Act. There was some difficulty in deciding whether the execution application, out of which the present appeals have arisen was directed against the entire compensation inclusive of the interim compensation, awarded to the respondent under the said Act, but Sri N. Banerji appearing for the appellant has stated that the execution in point was against the interim compensation only. It is in this context therefore that the two appeals will need to be decided.