RATTAN DEVI Vs. JAGADHAR MAL

JUDGEMENT

(1.) THIS is a judgment-debtor-objector's appeal against the order passed in execution by the learned Commercial Subordinate Judge, Delhi, dated 6-10-1953 dismissing the objections under section 47 Civil P. C.

(2.) A small pedigree-table will help in understanding the case:--Rattan Devi : Mahadeo Parshad : Wife No. 1 second Wife married | _____________________| | | benarsi Das Chiranji Lal.

(3.) ON 9-2-1952 the present decree-holders got a decree for Rs. 12,888/127- and costs against the judgment-debtors as legal representatives of the deceased Mahadeo Parshad on the basis of certain forward transaction relating to silver and in execution of that decree the decree-holders got attached two properties --house No. 460 in Gali Gishan Datt, Maliwara, Delhi, and 7 1/2 shares in the Lakshmi Chand Jaipuria Weaving and Spinning Mills situate in Sabzi Mandi. The objector's objections were that the attached property was hers and could not be made liable for the decree against her husband. She alleged that half of the house was under mortgage with rai Sahib Ram Kumar and that on 28-10-1942 Mahadeo Parshad filed a suit for partition of the joint Hindu family property against his sons making the objector a party and she was allotted a share equal to the share of her husband and the joint family was thus disrupted and in lieu of that half share the property attached fell exclusively to the share of the objector by a deed of partition dated 12-6-1945 and had been in her possession ever since. In the alternative she alleged that she was entitled to maintenance and res dence under Hindu law by reason of her being the widow of the deceased and therefore the property was not liable to attachment and sale. The Court raised the following issues:--