FANINDRA NATH ROY Vs. BHOLA DASSI DEBI

JUDGEMENT

(1.) This is an appeal from a judgment of the learned Subordinate Judge, First Court, Burdwan in reference to an application under Section 47 and Order XXI, Rule 2 of the Code of Civil Procedure by the judgment-debtor, Phanindra Nath Roy. It appears that one Trailokya Nath Banerjee had obtained a decree against the judgment-debtor, and Bhola Dassi Debi, who is one of his daughters, desired to execute the decree and the judgment-debtor objected that she had no title to execute the decree and further argued that the amount of the decree had been paid with the exception of a small sum of about Rs. 50.

(2.) The main question in the appeal, namely, whether Bhola Dassi Debi was competent to execute the decree, depends upon a deed of gift which was executed by her father on the 12th Magh 1325 B.S. The learned Subordinate Judge held, upon the construction of this deed, that the debt due from the judgment-debtor under the decree was assigned by the donor to his daughter and he consequently decided that point against the judgment-debtor, who is the appellant in this Court.

(3.) That deed after referring to the fact that the donor had made two separate deeds of gift in favour of eldest and his youngest daughters provides as follows:--"I being highly satisfied with your deep regard and nursing and service for me, give unto you my second daughter, of my free will, the under-mentioned properties, worth Rs. 399, namely, the remaining properties described in Schedule (ka) below, cultivated in nij jote and the money-lending business etc., mentioned in Schedule (kha) below. You being vested in my rights from this day, do continue to hold and enjoy the properties with great felicity, either in nij jot or by letting them out to tenants down to your heirs with power to alienate by gift or sale, etc., and getting your name registered as owner in respect of the rent-free properties and by payment of cesses, etc. To this neither I nor any body else shall be competent to raise any objection. From this day you shall be competent to realise from the debtors under notes of hand or bonds etcetra the principal with interest either amicably or by law suit ".