APPASAHBB TULJARAM DESAT Vs. BHALCHANDRA VITHALRAO THUBE

JUDGEMENT

(1.) This is an appeal against the judgment of a Division Bench of the Bombay High Court in Letters Patent Appeal No. 50 of 1953, reversing the decision of Shah J. and restoring the order passed by the executing Court which had been set aside by him.

(2.) Two questions arise for decision in this appeal (1) whether the Wada (house) ordered to be attached by the executing Court is Watan property, and, if so, can it be attached in execution of a decree (2) If the Wada is not Watan property, is it exempted from attachment by virtue of the provisions of s. 60 of the Civil Procedure Code

(3.) It is undisputed that the whole of village Nandi had been granted as inam to the ancestor of Tuljaramarao and his descendants as per Sanad, exh. 54, and the Inam Patrak, exh. 57. In that Sanad there is no mention of any Wada existing on the Inam land. According to the executing Court the Wada appears to have been built after the grant. It appears that the opinion of the Division Bench of the High Court was also to the same effect. There is no finding of Shah J. to the contrary. We must, therefore, proceed on the basis that the Wada in question was not the subject of the original grant. This Wada came to be constructed on the land in the inam village of Nandi sometime subsequent to the grant.