RAI SITAL SAHAI Vs. SHAMPATI KUER

JUDGEMENT

(1.) This is an appeal by the judgment-debtor objector as against an order dismissing his objection to the execution of the decree under Section 47 of the Code of Civil Procedure.

(2.) The decree-holder respondent obtained a decree for maintenance as per petition of compromise which was embodied in the decree; and, as there was no payment according to the decree, the respondent sought to execute the said decree and to recover the arrears of maintenance by selling certain properties of the judgment-debtor.

(3.) The appellant objected to the execution of the decree on the ground that, as the decree created a charge only on one-third share in the properties mentioned in the petition of compromise, which was embodied in the decree, the execution should have been levied only against the one-third share of the appellant in the properties, and the prayer of the decree-holder for sale of the entire properties was not maintainable without first exhausting this share in the properties charged.