SUBRAO MANGESH CHANDAVARKAR Vs. MAHADEVI MANJI BHATTA

JUDGEMENT

(1.) This is an appeal in execution proceedings, and it arises upon these facts.

(2.) The appellant on 1st November 1906 obtained a money-decree against one Bellabhatta. Prior to the decree, i. e., on 23rd October 1906, the appellant had obtained attachment before judgment of the property in suit, as being the property of Bellabhatta. Some time in 1907 Bellabhatta died. Admittedly he was in union with the respondent 2, and the property was joint family property, which on Bellabhatta s death would ordinarily have passed to respondent 2 by survivorship Nothing further was done under the decree till 1909 and 1911 when the appellant made applications for execution.

(3.) The question is whether, in these circumstances, the respondent s title by survivorship was defeated by the appellant s attachment before judgment. Both the lower Courts have answered this question in the negative. In our opinion the is the correct answer.