T P BASU Vs. RATANCHAND

JUDGEMENT

(1.) THIS is a decree-holder's execution second appeal against an appellate order of the District Judge, Bhilwara holding that the decree cannot be executed by the attachment and sale of ancestral properties in the hands of the sons of the deceased surety Hirachand on the basis of a decision of the Privy Council in Kesar Chand vs. Uttam Chand (1 ).

(2.) THE decree which is now being executed was obtained by the firm Kamal-nain Hamirsingh against Ghisulal principal debtor and Hirachand surety. It provi-ded for the payment of the decretal amount in six monthly instalments of Rs. 700/-each. THE present execution application was filed on 8-5-59 against the sons of Hirachand surety, as he had died. A prayer was made for the attachment and sale of some immovable properties belonging to the sons which have been found to be ancestral by the learned District Judge on appeal. THE question which arises for decision in this case is whether the ancestral property in the hands of the sons can be attached and sold in execution of a surety debt of the father.