NARAYAN GANESH VARDE Vs. FATMA DAUD TARAPORWALA

JUDGEMENT

(1.) This revisional application raises a question of rateable distribution under Section 73, Civil P. C. and the facts necessary to understand the question are these.

(2.) The applicant obtained against Opponent No. 1 a decree for a sum of Rs. 2,386-9-0 in civil Suit No. 196 of 1917 on 7-2-1948. Opponent No. 2 to the application obtained a money decree for a sum of RS, 1,285-6-0 against the same defendant in civil suit no. 191 of 1947 on 33-1-1948. The petitioner had applied for attachment before judgment upon the moveable property of the defendant. The attachment was granted and the same was made absolute under the decree. Opponent No. 2 also had applied for attachment before judgment upon the defendant's moveable property and that attachment too was made absolute under the decree.

(3.) The moveable property in respect of which attachment was sought and levied happened to be property of a perishable nature and it appears that the property was sold, pending the opponent's suit and a sum of Rs. 1,412 was realised as a result of the sale. This sum of Rs.1,412 was placed to the credit of Suit No. 191 of 1947, that is to say, in the suit of opponent No. 2.