TEWARI KANHAIYA LAL Vs. LILAWATI DEVI

JUDGEMENT

(1.) THESE are two connected execution first appeals by the decree -holder against two orders of the Senior Civil Judge No. 2 Jaipur city, upholding the objection of Smt. Lilawati Devi, respondent, that she has become the absolute owner of the attached properties and that these properties cannot be proceeded against in execution without impleading her. Having heard the learned Counsel for the parties I am satisfied that the orders are erroneous.

(2.) THE decree -holder obtained a decree against Samrath Gopinath on 24. 6. 39, and ever since he has been trying to realise the decretal amount. First the decree was executed under the Bachat Rules. In 1945 Samrath Gopinath died leaving a son Samrath Pran Nath. In 1946 Samrat Pran Nath died leaving a widow Smt. Lilawati Devi, respondent and a minor son Samrat Anand Nath. Samrat Anand Nath died in 1957 and Smt. Lilawati Devi, respondent, is his legal representative.

(3.) IN this connection the following decisions may be referred to: Gopeshwar Prasad v. State of Bihar AIR 1951 Pat. 570. Shri Prakash Singh v. Madhusudan : AIR1954All164 .