GAURI SHANKAR Vs. GANGA

JUDGEMENT

(1.) THE point to be determined in this revision application by the decree-holder is whether the delivery of possession in a partition decree after the death of the judgment debtor without bringing his legal representatives on record is void.

(2.) PETITIONER and his brother Bhim Shankar had purchased 2/3rd share in a house situated in Jaipur City, Rasta Bhairunji Kundigaran at a court auction about 18 years back. One of the co-owners of that house brought a suit for partition in which Gauri Shankar and Bhim Shankar were also parties and which was finally decreed by this Court on 26-10-1966. The decree provided : "the parties will give and take possession in accordance with the terms of the decree within one month from today failing which it would be open to any one or more of them to take necessary steps according with this decree. The parties will bear their own costs in this Court. A final decree shall be drawn accordingly. The list of the various apartments Nos. 1 to 20 along with their valuation as put by the Commissioner and the site plan prepared by him will be form part of the final decree. " It may be mentioned that by this decree separate apartments in the house were allotted to the parties.