ALEKHYADHONE GANGULY Vs. ANIMA DEBI

JUDGEMENT

(1.) This is an application by the defendants for execution of a decree for owelty money being Rs. 4,315/- and interest at 6 per cent, per annum being As. 1593/-calculated from the date of decree i.e., 21st December, 1965 to 15th February, 1972 with further interest on the said sum of Rs. 4315/- until payment and for costs of the execution proceedings by appointment of a Receiver and sale of the property allotted to the plaintiff and charged for payment of the said owelty money with interest at 6 per cent, per annum under the said decree viz., the divided Western portion of premises No 4-B, Chowringhee Road, Calcutta described in the schedule set out in column 10 of the Tabular Statement. Costs of partition proceedings directed to be borne and paid by the parties in proportion to their respective shares have not been taxed by the parties.

(2.) By the Return of the Commissioner of Partition dated July 26, 1965, the properties were partitioned in Lot No. 1 and Lot No. 2. The properties in Lot No. 1 were allotted to the plaintiff and those in Lot No. 2 were allotted to the defendants jointly. The said Return was confirmed by a decree of this Court dated December 21, 1965.

(3.) Mr. S. Pal, Counsel appearing fos the plaintiff contested the application on three grounds:--