LAWS(CAL)-1950-5-39

UPENDRA NATH PODDAR Vs. ANATH CHANDRA LODH

Decided On May 05, 1950
Upendra Nath Poddar Appellant
V/S
Anath Chandra Lodh Respondents

JUDGEMENT

(1.) This is an application on behalf of Abinash Chandra Lodh and Hari Mohan Lodh, two of the shebaits of Sri Sri Lakshminarayan Jiu, goddess Durga, Basanti, Kali and Lakshmi, for an order that certain attachments levied on the estate be at once withdrawn and for other reliefs.

(2.) On May 6, 1949, a decree was passed in this suit by consent against the Defendant. The decree was for a sum of Rs. 4,547-3-3. Certain instalments were agreed to and there was an undertaking on behalf of the Defendant not to dispose of his house, being premises No. 14/3, Nimtala Ghat Street. He was in default in payment of instalments and on March 3, 1950, the Plaintiff levied an attachment in execution of the decree on the one-third share of the Defendant in premises No. 14/3, Nimtala Ghat Street and also several trunks, two chairs and one fan lying in that premises. On March 17, 1950, this' notice of motion was taken out. The ground taken in the petition is that the properties attached are debater properties and that the premises No. 14/3, Nimtala Ghat Street, was dedicated to the Deities by a deed, dated April 24, 1937.

(3.) By that deed, the settlors, Anath Chandra Lodh, Hari Mohan Lodh, Abinash Chandra Lodh, appointed themselves and one Hriday Chandra Lodh and Sanatan Lodh as shebaits.