CENTRAL BANK OF INDIA Vs. BHAN GENERAL STORE

JUDGEMENT

(1.) This revision petition is directed against the order dated 18.11.1992 of the executing court.

(2.) Central Bank of India granted a cash credit limit to M/s Bhan General Store on the guarantee of Sh. Giani Ram, father of respondents 2(i) to (iii) and husband of respondent (iv). The amount due to the bank was not paid. The Bank, therefore, filed a suit for the recovery of Rs. 27,743.43P against M/s Bhan General Store and respondents 2(i) to (iv) as heirs of Giani Ram, deceased, the guarantor. The suit was decreed by judgment and decree dated 1.10.1990.

(3.) The decretal amount was not paid. The bank took out execution by attachment and sale of agricultural land measuring 1 Bigha 1 Biswa and 8 Bishwansi, owned by Giani Ram and inherited by respondents 2(1) to (iv) on his death. The heirs of Giani Ram raised an objection to the attachment and sale of land which was inherited by them from Giani Ram. The executing court partly allowed the objection and held that 1/4th share of the son of late Giani Ram in the land attached in execution of the decree was liable to attachment and sale and the remaining 3/4th share inherited by daughters and the widow is not liable to attachment and sale. It is this order of the executing court, which is under challenge at the instance of the plaintiff-bank.