GIAN CHAND TANDON Vs. PT BAHADAR SINGH

JUDGEMENT

(1.) This is an appeal under Clause 10 of the Letters Patent against the decision of Bishan Narain J. accepting an execution first appeal setting aside the order of the lower Court by which the judgment-debtor's objections were accepted and the release of the property in dispute from attachment was ordered.

(2.) The facts are that a decree for Rs. 11,000/-odd was transferred from Delhi to Ambala for execution. Some houses and a shop belonging to the Judgment- debtor were attached. Various objections were raised on behalf of judgment- debtors, including one based on Section, 31 of the Displaced Persons (Debts Adjustment) Act 70 of 1951. The relevant portion of Section 31 reads-

(3.) The executing Court found that the judgment-debtor was a displaced person and that the property attached and sought to be sold yielded an income of less than two hundred and fifty rupees a month, and he therefore held that the judgment-debtor was protected by Clause (r) set out above. He accordingly passed an order releasing the property from attachment