JOHRILAL Vs. DWARKA PERSHAD

JUDGEMENT

(1.) THIS is a second appeal by the defendant in a declaratory suit.

(2.) LACHMI Ram, plaintiff had a decree against Har Sahai and wanted to execute the same by attachment of half share in the shop described in the plaint situted in the district of Alwar. The decree was dated 29th August. 1932. Johrilal, defendant objec-ted to the attachment of the half share in the said shop on the ground that the sale of the share of Har sahai had been affected as far back to 22nd January, 1922 by a registered instrument executed by Har Sahai. The objection was allowed on 31st May, 1945, where upon the decree-holder Lachhmi Ram instituted the present suit under O. 21, r. 63 of the Civil Procedure Code, impleading Johrilal, objector as defendant No. 1, and Jagdish and Bala Sahai sons of Har Sahai as defendants Nos. 2 and 3. The prayer was that the said half share in the shop was liable to attachment and sale in execution of the plaintiff's decree. Johrilal alone contested the suit. He reiterated his claim to the shop on the basis of conveyance dated 22nd January, 1922, executed by Har Sahai. It was also pleaded that the said Har Sahai having parted with the possession under the sale-deed and the defendant having paid the amount and got into possession, and that possession as owner having extended beyond a period of 12 years, conferred absolute right of ownership on the said contesting defendant even if there was any defect in the conveyance.