HANSRAJ Vs. SULTAN

JUDGEMENT

(1.) THIS is an appeal by the defendant Hansraj against the judgment and decree dated 25. 6. 45 of a Division Bench of the High Court of the former State of Bikaner reversing the decree of the trial court in a suit under O. XXI R. 63 of the Code of Civil Procedure. The appeal was originally filed before the Judicial Committee of that State and has been transferred to us for disposal on its integration in the State of Rajasthan.

(2.) THE material facts may be shortly stated as follows : Defendant appellant Hansraj obtained a decree against the defendant respondent Sultan, son of Musta, for a sum of Rs. 3297/8/- in the court of the District Judge, Ganganagar on 30. 1. 41. It is said that Hansraj had obtained an attachment before judgment of some 28 Bighas of land belonging to the judgment-debtor Sultan in Murabba No. 54 Chak 2 D "badi," District Ganganagar. Hansraj in execution of this decree brought the aforesaid land to sale. Respondent Daloo is the auction-purchaser. It so transpired, however, that plaintiff respondents Sultan, Suleman and Ismail sons of Salewara had purchased out of the above-mentioned land, 15i Bighas and 2 Biswas of land from the judgment-debtor Sultan for a sum of Rs. 1000-/ by a sale-deed dated 26. 6. 42. THE vendees thereafter objected to the sale of the land in execution of Hansraj's decree, which objection was dismissed by the executing court. THE plaintiff respondents, therefore, brought a suit in the court of the District Judge, Ganganagar, for a declaration that the 15 odd Bighas of land sold by the judgment-debtor Sultan son of Musta to them were not liable to attachment and sale in execution of Hansraj's decree. THE trial court dismissed the suit. On appeal, a Division Bench of the High Court of the former State of Bikaner set aside the judgment and decree of the trial court and decreed the plaintiff's suit and held that the 15-1/2 Bighas and 2 Biswas of land in Murabba No. 54 Chak 2 D "badi", District Ganganagar, were not liable to attachment and sale in execution of Hansraj's decree against the judgment-debtor Sultan, and consequently set aside the execution sale. THE appellant applied for, and was granted, special leave to appeal to the Judicial Committee of the former State of Bikaner against the judgment and decree of the High Court. THE appeal has now-come before us as already stated above.