KOMPALLI VENKANNA Vs. CHINNA NARAYANA

JUDGEMENT

(1.) This revision petition is referred to a Bench by Justice Venkatesam as he felt that there was conflict of opinion between the Bombay and Calcutta High Courts.

(2.) The question we are called upon to answer is whether the property which is subjected to usufructuary mortgage can be attached in execution of a simple money decree and it arises in the following circumstances.

(3.) The appellant obtained a decree for I. G. Rs. 1025-2-9 in the Court of the Subordinate Judge, Raichur. After the reorganization of the States, this decree was transferred to the Court of the District Munsif, Gadwal, for execution. The decree-holder in execution attached some lands situate in Basracheru village. The respondent claiming to be a usufructuary mortgagee sought the removal of the attachment contending that property in question could not be attached. The executing Court gave effect to this argument and directed that the attachment should be lifted.