LALTABAI GOPALRAO NAIK Vs. KRISHNARAO NAIK

JUDGEMENT

(1.) THIS is plaintiff Smt. Laltabai's appeal from the decree passed by the Civil judge, Class I, Balaghat, dismissing her suit (No. 30a of 1952) for declaration under Order 21 Rule 63, Civil Procedure Code.

(2.) RESPONDENTS 3 and 4, Samrathmal and Ratanchand, obtained a decree for rupees 16079/- against respondent 2 Khanderao in civil suit No. 13-B of 1949 of the Court of Additional District Judge, Balaghat. In execution of their decree, they attached two houses situate in the town of Balaghat. The houses were purchased in Court auction by respondent 3 Samrathmal for Rs. 7000/ -. The sale, however, has not yet been confirmed.

(3.) THE appellant is the mother of respondents 1 and 2, Krishnarao and Khanderao. She and respondent 1 preferred an objection under Order 21, Rule 58 of the Code of Civil Procedure, to the attachment of their 2/3rd share in the two houses. The objection having been dismissed, the appellant filed the present suit under Order 21, Rule 63 of the Code for declaration that she has 1/3rd share in the houses, which is not liable to attachment and sale in execution of the decree of respondents 3 and 4 against respondent 2. The suit was dismissed. Hence this appeal.