AMAR CHAND Vs. RAMESH CHAND AND ORS.

JUDGEMENT

(1.) This appeal is directed against the decision of the learned single Judge, who accepted the appeal of Shri Ramesh Chand Plaintiff against the judgment and decree of the District Judge: setting aside the judgment and decree of the trial Court in a suit under Order 21, Rule 63 of the Civil Procedure Code instituted in the following circumstances.

(2.) Amar Chand Defendant had previously fied a suit against one Dittu Ram for dissolution of partnership and rendition of accounts. In that suit Amar Chand got certain amounts due to Dittu Ram from the Assistant Engineer, Jubbal Sub -Division attached. A temporary injunction was also issued to Dittu Ram restraining him from withdrawing the amounts. Dittu Ram, however, on an application made by him was allowed to withdraw those amounts subject to his furnishing bonds of two sureties to the extent of Rs. 10,000 each to the satisfaction of the Court. He accordingly filed bonds of two sureties, namely, Khazani Devi and Ram Saran. The attached amounts were, therefore, released and withdrawn. Khazani Devi died and Shri Parma Nand furnished a fresh surety bond Exhibit DA on 19th August, 1960. Parma Nand undertook to pay the decretal amount to the extent of Rs. 10,000 in case a decree was awarded in favour of Amar Chand. His statement was also recorded on 23rd August, 1960, by the Court. Parma Nand had made a statement before the Court that till the decision of the suit he would not alienate his immovable property and a note to that effect was also put on the bond and the bond was accepted. A preliminary decree was passed in favour of Amar Chand against Dittu Ram on 31st August, 1961, and a final decree for recovery of Rs. 16,516.70 was passed against Dittu Ram on 31st March, 1962.

(3.) On 22nd May, 1962, after the decree was passed, Parma Nand sold the suit land measuring 28 bighas 2 biswas in village Nehra in favour of Ramesh Chand, present Plaintiff for Rs. 4,500. Shri Amar Chand took out execution proceedings in his decree obtained on 31st March, 1962, and he got the suit land attached for his claim against Parma Nand surety for payment of Rs. 10,000. Objections under Order 21, Rule 68 of the Civil Procedure Code filed by Ramesh Chand were dismissed by the executing Court on 4th June, 1964, hence Ramesh Chand filed a suit out of which the present appeal has arisen. In the suit it was pleaded that he was the owner in possession of the land and the same was not liable to attachment or sale in execution of the decree obtained by Amar Chand against Dittu Ram. According to the Plaintiff he was a bona fide purchaser of the land for consideration and he accordingly sought a declaratory decree in his favour.