HAR PARSHAD Vs. PREM SINGH

JUDGEMENT

(1.) THIS is a second appeal against an appellate order of the Senior Subordinate Judge of Delhi affirming the order of the executing Court that the right of the judgment-debtor to receive offerings from Kalkaji temple in Delhi, cannot be sold in execution of a decree under Section 60 (1) (f) of the Code of Civil Procedure.

(2.) ON the 26th October 1951 I heard Mr. Shamair Chand in the absence of the appellants and held that no case had been made out for the appellants. Yesterday Mr. Rai appeared in this Court and made a submission that he was absent because he was busy elsewhere and that he did not know that the case had been called. Those being the circumstances I allowed Mr. Rai to argue the case and have heard what he had to say in support of the case of the appellants. After hearing him I am not convinced that either of the Courts below has gone wrong in giving the decision that they have.

(3.) THE question in the present case is whether in case of offerings of Kalkaji temple in Delhi a decree-holder can get them attached for the payment of his decree. The executing Court held that the right fell within the proviso (f) of Section 60 of the Code of Civil Procedure and that no custom was made out allowing those offerings to be sold in execution of a decree. On appeal being taken to the Senior Subordinate Judge this finding was affirmed in the following words: