LAWS(CAL)-1956-3-2

JATA BHUSAN CHATTERJEE Vs. KRISHNA BHAMINI DEBI

Decided On March 05, 1956
JATA BHUSAN CHATTERJEE Appellant
V/S
KRISHNA BHAMINI DEBI Respondents

JUDGEMENT

(1.) The facts out of which this appeal arises are not ill dispute. They are briefly as follows:

(2.) Respondent No. 1 Krishna Bhamini Debi, widow of late Bibhakar Chatterji, obtained a decree against respondent No. 2 Amal Krishna Chatterji, her step-son, in Title Suit No. 268 of 1945. The decree was modified on appeal and this decree, so modified, is in the following terms:

(3.) The first question raised in this appeal is whether the charge that was created by the decree in favour of Krishna Bhamini is enforceable in execution. Mr. Lala on behalf of the appellant refers to Section 100 of the Transfer of Property Act and argues that, although the Calcutta decisions are against him, on a proper construction of the section as held in a number of cases to which I shall presently refer, the charge was not enforceable in execution.