RAM PIARA Vs. SURAJ PARKASH

JUDGEMENT

(1.) THIS is a second appeal and arises out of execution proceedings. The facts which gave rise to this appeal, briefly stated, are these. Shrimati Diwa -nani Vidya Vanti obtained a decree against Sardar Suraj Parkash on the 18th December 1957 by which the judgment debtor was required to demolish the latrine which he had built on the room which belonged to the plaintiff Diwanani Vidya Vanti. It appears that Diwanani Vidya Vanti gifted away the room to one Ram Piara by virtue of a registered gift deed dated the 4th August 1958. Ram Piara filed an application seeking execution of the decree passed in favour of Diwanani Vidya Vanti against Suraj Parkash judgment debtor.

(2.) IN this appeal it has been argued that Ram Piara stepped into the shoes of Shrimati Diwanani Vidya Vanti by virtue of the registered gift deed and, therefore, by operation of law he became the assignee of the decree which he could execute against Suraj Parkash, the judgment debtor.

(3.) THE gift deed executed by Shrimati Diwanani Vidya Vanti in favour of Ram Piara is completely silent in regard to the decree which had already been obtained by her. There is no mention in the gift deed that the donor transferred her rights which she had acquired by virtue of a decree in respect of the room which she gifted away to Ram Piara appellant. The question for consideration is whether Ram Piara was competent to execute the decree which had already been obtained by the Diwanani in respect of the room against Suraj Parkash judgment debtor.