MRS. MALEKA KHATUN Vs. AZIMUDDIN AHMED

JUDGEMENT

(1.) THIS appeal is directed against an order of Mr. B. Goswami, Subordinate Judge, Upper Assam Districts, Jorhat, dated 10 -3 -58, in Misc. Appeal No. 14 of 1957. By the order in question, the learned Subordinate judge allowed the, appeal of the judgment -debtor holding that the execution case was time -barred and reversing the decision given by the learned Munsiff in favour of the decree -holder. The order, in my opinion, is misconceived and has to be set aside.

(2.) THE decree to which the execution case relates was passed in Title Suit No. 47 of 1952 in favour of the decree -holder Appellant giving various reliefs to the decree -holder, namely, for ejectment, for Khas possession and for compensation.'. The date of the decree is 15 -11 -52. Execution was started on the basis of the decree in Execution, Case No. 73 of 1953, which was filed on 25 -11 -53, obviously well within three years of the date of the decree.

(3.) I , therefore, allow this appeal, set aside the order of the learned Subordinate judge and restore that of the learned Munsiff, and direct that the Execution Case in question should proceed according to law. The decree -holder is entitled to her costs throughout.