ANANT PARKASH Vs. DHARMAN NAND

JUDGEMENT

(1.) THIS is a judgment-debtor's appeal against an order of District Judge J. S Bedi dismissing the appeal of the judgment-debtor against an order made by the executing Court on the ground that the appeal was not competent,

(2.) ON the 13th or March 1950 Shatrughan who was a mahant of Dera Baba Ram das got a decree for possession of a house against Anant Parkash. On the 7th of january 1953 Dharman Nand, the present respondent, took out execution against anant Parkash and he claimed to be the de facto mahant of the place and therefore a legal representative entitled to sue out execution. On the 7th of March 1953 Anant Parkash filed objections claiming to be the mahant under a will alleged to have been executed by the deceased decree-holder. His objections were dismissed on the 20th of January 1955 and Dharman Nand, the present respondent, xvas held to be the de facto, Mahant and legal representative of the deceased decree-holder and therefore entitled to take out execution. During the pendency of these proceedings in the executing Court Anant parkash made an application on the 17th of February 1954 claiming that he had been appointed a mahant of the dera by the Bhek but this plea was not allowed to be raised at that stage and was dismissed on the 6th of April 1954. An appeal against this order was also dismissed on the 2nd of August 1954.

(3.) AN appeal was taken to the District Judge against the order of the 20th January 1955 but it was dismissed on the 13th of August 1955 and an appeal against this order was brought to this Court but was dismissed in limine on the 13th of september 1955.