PANNALAL Vs. RAMPRASAD

JUDGEMENT

(1.) THIS matter arises out of execution proceedings and is directed against the order of the learned District Judge, Pali dated 26th November, 1955.

(2.) PANNALAL appellant obtained a decree against the respondent for recovery of possession of immovable and movable properties belonging to Murlidhar deceased. In the main suit both the parties had claimed to be the adopted son of the deceased. The suit was finally decided by the High Court and is reported in Ram Prasad Vs. PANNALAL (1 ). The immovable properties for which the suit was decreed are set out in Sch. 'e' annexed to the plaint. Sch. 'e' is as follows: - "manak 1 Vo Talao 1 Vake Moti Chowk Amardasji Ki Gali Sa: Pali Me Hai Jiske Pados Hasbzel Hai Aur Kimat Rs. 3000/- Ka Hai Aur Bagh 1 Jiski Salana Amadni Rs. 500/- Hai. Sd/- Panualal''

(3.) THIS appeal is therefore allowed. The order of the learned District Judge is set aside and the case is sent back to the executing court for taking proceedings for the delivery of possession of the house and the plots of land according to law in the light of the observations made above. The appellant will get costs of this appeal from the respondent. .