BRUNDABAN CHANDRA DHIR Vs. NATABAR CHANDRA DHIR

JUDGEMENT

(1.) THIS is an appeal by the judgment-debtor against the decision of the Executing court dated 21-6-1662, directing the sale of item 34 of the list of properties attached to the decree in. O. S. No. 14/16 of 1947-49 dated 6-9-1951, for realising the decretal amount.

(2.) THE decree-holder respondent obtained a maintenance decree against the then proprietor of Madhupur Estate and certain items of properties were charged, for payment of the maintenance amount. The decree is dated 22-10-1951 and item 34 of the list of properties attached to the decree relates to certain buildings standing on the Nijjot lands of the proprietor. The judgment and decree were taken up on appeal before this Court on First Appeal No. 10 of 1952 and First appeal No. 17 of 1952, and a Division Bench of this Court by its judgment dated 24-2-1960 maintained the judgment of the lower Court, with the modification that the amount of maintenance should be reduced from Rs. 75/- to Rs. 50/- per month. The Madhupur Estate which, was an impartible estate was abolished and taken over by the Government of Orissa on 26-11-1952 under the provisions of the Orissa Estates Abolition Act. By virtue of Sections 6 and 7 of that Act certain buildings and other properties which were in the actual possession of the proprietor were deemed to have been settled with him subject to a payment of fair and equitable rent to Government.

(3.) THE executing Court (learned second additional Subordinate Judge) held that notwithstanding the abolition of the zamindary the decree-holder was entitled to sell item 34 mentioned in the list of properties attached to the decree as that item was also charged for payment of maintenance amount and he directed the release of other properties.