JWALA PRASAD Vs. SHEIKH CHUTTAN

JUDGEMENT

(1.) This is curious case in which much confusion has been caused owing to the circumstances that an execution case as well as a regular suit relating to the same crops were before the same officer.

(2.) Originally Jwala Prasad brought a suit against Sewa Singh and others impleading one Chuttan also. He obtained a decree against the other persons, but Chuttan was exempted. He put in an application for attachment of certain crops and the attachment was made and the crops thus came under the custody of the Court. Chuttan instead of taking objections in the execution department filed a regular suit in the same Court for a declaration that the crops did not belong to the judgment-debtor. While that suit was pending, an application was made by Chuttan praying that the crops being perishable property should be handed over to some other person for realisation of their price. It is not quite clear whether this application was made in the execution department or in the regular suit; though it is obvious that it ought to have been made on the execution side. But from what can be gathered from the record it is possible that it was wrongly made in the regular suit. It has been assumed all along that the learned Munsif passed an order-that order itself is untenable-that Kalimuddin, the son of Chuttan, be entrusted with the crops; and this fact is admitted by Kalimuddin. He sold the crops. By the time he had realised the amount it appears that Chuttan's suit was decreed by the first Court. On the strength of the first Court's decree he paid half the amount to Chuttan and the other half to the tenants. Subsequently the decree holder applied to the Court that Kalimuddin be called upon to refund this amount. The Court said that as matters then stood Chuttan had already obtained a decree in his favour and Kalimuddin could not be called upon to refund the amount.

(3.) After this Chuttan's suit was dismissed in appeal. Moved by the decree-holder the execution Court on the 1 of February 1920 ordered that Chuttan and Kalimuddin should pay the sum of Rs. 1,000 which it found to be the value of the crops entrusted to Kalimuddin, in Court and in default the money to be recovered in the way in which execution of a decree takes place,