BANSILAL Vs. SRIPAT DAMDYA KUNBI

JUDGEMENT

(1.) THIS is an application for revision Under Section 25, Provincial Small Cause Courts Act by the decree-holders-applicants against the lower Court's order Under Section 47, Civil P.C., allowing the objection of the judgment-debtors non-applicants to an attachment.

(2.) THE attachment was an attachment before judgment which the decree-holders obtained by an order dated 1st April 1942 in the course of a suit which they had instituted on 24th March 1942 for recovery of a debt due on a bond executed on 26th February 1939 by one Damadu who afterwards died in the year 1940. The defendants against whom the suit was brought and the decree has been obtained were the son and widow of the deceased, being sued as his legal representatives and they are the non-applicants in the application for revision. The direction in the decree is framed as follows : "against the assets of the deceased Damadoo in the hands of the defendants, who shall not be personally liable."

(3.) IN Ghanya v. Ukund Rao (08) 4 Nag. L.R. 9 Stanyon A.J.C., set out the position of an heir vis-a-vis the deceased occupancy tenant at p. 13 in the following terms: The statute merely directs that when it becomes necessary to find the heir of a deceased tenant, he shall be the person who would be heir to an estate of ownership in land.