GANESHILAL Vs. RAMGOPAL

JUDGEMENT

(1.) THIS is an appeal by Ganeshilal judgment debtor in an execution proceeding and has arisen in the following circumstances.

(2.) A suit was brought by Ramgopal now deceased, and his sons Bhanwarlal and Gordhan against Ganeshlal, and two others, for a sum of Rs. 46,593/10/9. There was prayer for attachment before judgment of the immovable peoperty of Ganeshilal, and an interim injunction was issued to Ganeshlal forbidding him from alienating his share in a certain house. Before this interim injunction was confirmed, the parties compromised the suit, and a decree for Rs. 32,000/- was passed against the three defendants including Ganeshlal. The decree, among other terms provided for payments of five instalments of the entire decretal amount. It was also provided that in case of default of even one instalment, the decree-holders would be entitled to realize the entire decretal amount with interest. There was also a provision creating a charge on the share of Ganeshlal in a house in the city of Udaipur.

(3.) THIS does not dispose of the matter entirely. Even though the decree required registration, if the charge which it created was to be valid, it does not follow that the decree thereby became inexecutable. All that would happen under sec. 49 of the Registration Act for want of registration would be valueless for the purposes of creating a charge on the property. But it would, in our opinion, clearly remain an executable decree in the matter provided by the Civil Procedure Code. We are supported in this view by the observations of Beaumont C. J. in Chhotibai Daulatram Marwari's case (2 ).