SARUP SINGH Vs. BHAGWAN DASS

JUDGEMENT

(1.) This is an appeal brought by the judgment-debtors against an appellate order of District Judge Jagjit Singh Bedi dated 19-4-1952 dismissing the judgment-debtors' objections under Section 47, Civil P. C. and allowing the execution to proceed.

(2.) The facts of this case are given at great length in my judgment -- 'Sarup Singh v. Bhagwan Dass', AIR 1952 Punj 212 (A), and it is not necessary to repeat them. Now, the objections raised under Section 47, Civil P. C. are that the formalities required by law in regard to attachment have not been complied with and that the property is evacuee property and as such cannot be attached and sold in execution of the decree. The property in dispute which is sought to be sold are mortgagee rights in favour of the judgment-debtors in lands which belong to persons who are now evacuees.

(3.) The learned District Judge has hold that the argument in regard to the noncompliance with the provisions of Order 21 Rule 54, Civil P. C., has not been made out and that the formalities required have been complied with.