ORISSA STATE FINANCIAL Vs. SHYAM SUNDAR RATH

JUDGEMENT

(1.) This appeal has been filed by the decree - holder challenging the order of the executing Court allowing the application of the respondent under Order 21, Rule 58 of the Code of Civil Procedure.

(2.) THE judgment -debtor is the grandson of the respondent. It is claimed by the respondent that the property subjected to attachment is his own property, not liable to be attached in the execution against the judgment -debtor. It has been further claimed that a part of the property, having been sold to a third party, could not have been attached. The executing Court has found that the property included in Lot No. 1 was the self -acquired property of the applicant. It further found that though Lot No. 2 was the ancestral joint family property and was liable for attachment, the judgment -debtor did not have 1 /6th interest therein. The aforesaid order is being challenged by the decree -holder.

(3.) THE next question is what would be the interest of the judgment - debtor in Lot No. 1 which is now found to be joint family property and Lot. No. 2 which has already been found to be joint family property by the executing Court. Since the genealogy has not been disputed, the contention of the decree -holder that the judgment -debtor had I /6th interest is definitely not correct and on the basis of the genealogy it is apparent that the judgment -debtor had 1/15th interest in both the properties.