RAMESHWAR DAYAL Vs. ALLAH BUX

JUDGEMENT

(1.) THIS is a decree-holder's appeal against an appellate order of the District Judge, Alwar holding that his execution application was barred by limitation under Art. 182.

(2.) RAMESHWAR Dayal obtained a final decree for sale against Allah Bux in a mortgage suit for the recovery of a sum of Rs. 1,849/- on 29. 4. 49 Allah Bux migrated to Pakistan and became an evacuee. Under the Administration of Evacuee Property Ordinance 1949 the mortgaged property vested in the Custodian and could not be proceeded against in view of the provision of sec. 17 of the Ordinance. The decree-holder accordingly filed a claim before the Deputy Custodian Alwar with regard to the decretal amount on 29. 8. 49 against the property of Allah Bux which had vested in the Custodian. This claim was finally rejected on 28. 2. 55.