DUNI CHAND RAM DASS DECREE HOLDER Vs. IBRAHIM

JUDGEMENT

(1.) This is an appeal brought by the decree-holders against an order passed by the executing Court dated 22-10-1952 holding that as the property sought to be sold in execution of the decree was evacuee property, execution could not proceed under Section 17 of the Evacuee Property Act, 1950.

(2.) It is necessary in this case to give the facts in some detail. On 19-11-1947 the decree-holders got a decree for rupees ten thousand odd against Ibrahim. The decree-holders applied for execution of their decree on the 2nd December 1947, Mr. Bhatnagar, Subordinate Judge 1st Class held that because of the Administration of Evacuee Property Act the execution could not proceed and he consigned it to the record room. The decree-holders came up in appeal to this Court and on the 13th June 1949 the appeal was dismissed 'in limine', but it was observed by the Bench:

(3.) The decree-holders made an application to the Assistant Custodian, Evacuee Property, Dharamsala, for registration, of their claim of the decretal amount. The Assistant Custodian held that the property left by the judgment-debtor had wrongly been taken to be evacuee property by the Custodian staff and that the judgment-debtor was in Kashmir and had been in communication with the decree- holders and had even borrowed some money from them and the property could not therefore be treated as evacuee property and the civil Courts at Kullu