HEM CHANDRA BANERJI Vs. ANNAPURNA DEBI

JUDGEMENT

(1.) The decree which forms the subject of this execution case was passed on a compromise amongst the parties to a suit for partition. The particular terms of the decree with which we are concerned runs thus: It is ordered and decreed . . . the said Annapurna Devi, defendant 1, having demanded cash consideration for a moiety of the l/4 share agreed to be allotted to her and valued at Rs. 33,000 it has been agreed that she shall get Rs. 30,000 in cash and the property No. 2 in the share of Amiyanath Banerjee (defendant 2) . . . valued at Rs. 3000 . . . and the said sum of Rs. 30,000 shall be paid out of the properties allotted to Amiyanath Banerjee to the said Annapurna Devi in the following instalments, Etc.

(2.) It should be stated here that the properties allotted to Amiyanath Banerjee in the said l/4 share were: (1) A business with stock in trade, fixtures and outstanding book-debts etc., together with the building appertaining thereto valued at Rs. 55,000; (2) Aghore Babu's house valued at Rs. 3,000; and (3) Gayabari estate valued at Rs. 8,000. The total value of the properties being Rs. 66,000 the share allotted to Annapurna by the decree would be worth Rs. 33,000; and under the terms aforesaid Annapurna Devi would get property No.2, and Rupees 30,000 due to her would have to be paid out of properties Nos. 1 and 3,

(3.) The decree-holder Annapurna Devi applied for execution alleging default in payment of the instalments. She asked for execution against Amiyanath Banerjee, the judgment-debtor abovenamed and also against one Hem Chandra Banerjee, who was another defendant in the suit, and who was alleged to be transferee of the properties allotted to Amiyanath Banerjee. She applied in the Court at Alipur for transmission of the decree to the Court at Darjeeling saying: As the judgment-debtor Amiyanath Banerjee has no property sufficient for the realization of the decretal amount within the jurisdiction of this Court (meaning the Court at Alipur) and he having transferred to Hem Chandra Banerjee the property which is the subject-matter of the decree and the said transferred property being within the jurisdiction of the District Court at Darjeeling for the purpose of execution of this decree, prayer is made for transmission of the same to the said Court.