SYED TAIMUR ALI SHAH Vs. HAR DEO PRASAD

JUDGEMENT

(1.) This special appeal has been brought to this Court on a certificate granted by a learned Single Judge deciding an execution second appeal that the case was a fit one for being taken in special appeal.

(2.) The facts giving rise to this appeal may be briefly stated thus :

(3.) The appellant was a judgment-debtor in a decree made against him by a Sub-Divisional Officer on 13-8-1936. That decree was put into execution for the first time on 12-2-1938. The execution application was made in the Court of the Collector of Meerut for the sale of zamindari property belonging to the judgment-debtor. The judgment-debtor filed various objections to the execution of the decree including the objection that the Collector's Court was not the proper court for executing the decree. On 31-7-1939, the Collector allowed the objections of the judgment-debtor but did not decide the question as to whether or not he had jurisdiction to execute the decree. Therefore the question as to whether or not the Collector's Court was the proper court for executing the decree in question remained undecided.