ROOP CHAND Vs. GULZARI LAL ETC

JUDGEMENT

(1.) THIS petition raises a question of considerable importance and difficulty, namely, whether a sum of money which is deposited in Court by a tenant under the provisions of Section 9 of the delhi and Ajmer-Merwara Rent Control Act, 1947, is liable to attachment in the execution of a decree.

(2.) THE facts of the case are simple and not in dispute. One Gulzarl Mal, a landlord of Delhi, brought a suit for the ejectment of his tenant Rup Chand on the ground that the latter had failed to pay the rent of the shop leased out to him. Taking advantage of Section 9 of the Delhi and ajmer-Merwara Rent Control Act, which declares that no decree for ejectment shall be passed against a tenant who deposits in Court the arrears of rent together with costs on the first hearing of the suit, Rup Chand deposited in Court a sum of Rs. 1522/- on account of arrears of rent and the costs of the suit. The landlord who held a previous decree against the tenant in a sum of Rs. 2,862/- promptly proceeded to attach this amount in the execution of that decree. The tenant objected to the attachment but his objections were overruled both By the executing Court and the learned district Judge on the ground that as the tenant who had deposited the money in Court had disposing power or control over the amount, the amount was not exempt from attachment. The tenant has come to this Court in second appeal and the question for this Court is whether the courts below have come to a correct determination in point of law.

(3.) SECTION 60, Civil P. C. declares that all property belonging to the judgment-debtor or over which he has a disposing power which he may exercise for his own benefit is liable to attachment and sale in the execution of a decree. The question is whether a Judgment-debtor can be said to have disposing power over property in 'custodia legis', that is property or money deposited in Court under the provisions of law or in the custody of an officer of a Court under civil process and which is held to be disposed of in some particular manner prescribed by law or according to orders of the Court.