KESHAV NANDAN SAHAY Vs. BANK OF BEHAR

JUDGEMENT

(1.) These two appeals are by the judgment-debtors in two execution cases.

(2.) The respondent-decree-holder, Bank of Behar, now State Bank of India, obtained a decree in Money Suit No. 61 of 1956, on the 29th June, 1957, for a sum of Rs. 28,750/12/- against Deonandan Sahay. It also obtained against him another decree in Money Suit No. 109 of 1'956, on the 24th February, 1958, for a sum of Rs. 3,44,232/-. Two execution cases were filed against the judgment-debtor, Deonandan Sahay. Execution Case No. 62 of 1958 arose out of Money Suit No. 61 of 1956 and Execution Case No. 112 of 1958 arose out of Money Suit No. 109 of 1956. After service of notice, Deonandan Sahay filed petitions under Section 47 of the Civil P. C., giving rise to Miscellaneous Case No. 53 of 1961 in Execution Case No. 62 of 1'958 and Miscellaneous Case No. 54 of 1961 in Execution Case No. 112 of 1958. Deonandan Sahay died in April 1962 and the two miscellaneous cases were dropped. His heirs including his wife, song and daughters were brought on record in June 1962 in both the execution cases. In December 1962, the widow of Deonandan Sahay filed petitions under Section 47 of the Civil P. C. in both the execution cases, swing rise to Miscellaneous Case Nos. 106 and 107 of 1963. On the 15th July, 1967, both the miscellaneous cases were dismissed for default. On the 18th July, 1967, fresh petitions were filed by the widow giving rise to Miscellaneous Cases Nos. 35 and 36 of 1967. In those miscellaneous cases, the widow was ordered to deposit security which not having been deposited by her, the two cases stood dismissed for default on the 10th December, 1968. The widow died some time after. The sons and daughters of Deonandan Sahay (the present appellants) this time filed two petitions under Sections 47 and 60 of the Civil P. C. and Sections 14 and 15 of the Bihar Money-Lenders Act in both the execution proceedings. They were registered as Miscellaneous Cases Nos. 69 and 70 of 1967. Miscellaneous Appeal No. 323 of 1972 arises out of Miscellaneous Case No. 69 of 1967 and Miscellaneous Appeal No, 324 of 1'972 arises out of Miscellaneous Case No. 70 of 1967. Both the miscellaneous cases were heard together by the Court below and a common order was passed in both of them. Although valuation of the attached properties was raised, the objections were substantially disallowed.

(3.) The original judgment-debtor Deonandan Sahay and his two brothers, Shyam Nandan Sahay and Hari Nandan Sahay, owned extensive properties which included zamindari interests in several Touzis and agricultural lands in several villages. They had their ancestral house at village Baghi and another big house called Sahay Bhawan at Muzaffarpur. The one-third share of Deonandan Sahay was attached in the execution proceedings and was described in four lots. Lot No. 1 consisted of 4.21 acres of land in village Baghi including a pucca double-storeyed house in which one-third share of the judgment-debtor was valued by the decree-holder at Rs. 10,000/-. The Court below has raised the valuation of lot No. 1 to Rs. 1,00,000/-. Lot No. 2 consisted of Sahay Bhawan, a pucca house with boundary having an area of 5.46 in the town of Muzaffarpur. In it one-third share of the judgment-debtor was valued at Rs. 15,000/- by the decree-holder, but the Court below valued the house at Rs. 3,00,000/-, one-third share of Deonandan Sahay being Rs. 1,00,000/-. Lot No. 3 properties consisted of agricultural lands in village Muriari, having an area of 30 bighas. A nominal valuation was given by the decree-holder but the Court below has valued it at Rs. 60,000/- as claimed by the appellants. Lot No. 4 consisted of certain shares in different companies, In the execution case they were valued at Rs. 3,462/-. The appellants still claim a higher value for the properties which I shall deal with at a proper place.