SHIKSHA AND ORS. Vs. CHIRTRANDER KUMAR AND ORS.

JUDGEMENT

(1.) Petitioners have challenged the order dated 30.08.2017 and orders dated 03.09.2016 attached as Annexues P-2 and P-3 with the revision petition, vide which the salary of legal heirs of deceased judgment debtor was attached. Petitioners have also challenged the order dated 22.01.2018 passed by the lower Appellate Court vide which the appeal was dismissed.

(2.) Petitioners being judgment debtors No.2 and 3 have assailed the aforesaid orders on the ground that the salaries of the petitioners were attached in execution filed against the legal heirs of deceased Smt. Sumitra.

(3.) Learned counsel for the petitioners submitted that mother of the petitioners was in possession of the house. Respondent No.1 filed a suit for possession against Smt. Sumitra, who was living in the house along with younger son namely Dinesh Kumar @ Binesh Kumar son of Baleshar. During pendency of the suit, Smt. Sumitra died and legal heirs i.e. two sons and two daughters (petitioners) were brought on record. The suit was decreed on 24.12.2014 in favour of the respondent-decree holder by the trial Court and the judgment debtors were directed to hand over the possession within a period of two months and to pay Rs.1500/- p.m. as mesne profits from 03.10.2003 till possession is delivered to the decree holder along with interest @ 6% per annum.