FAQIR CHAND Vs. SANT LAL

JUDGEMENT

(1.) This is an appeal by the judgment-debtors from an order passed in execution. Faqir Chand is the father and Mt. Srimati the widow of one Amir Chand against whom the respondent had obtained a money-decree in execution of which he attached his undivided share in the family house to the extent of one-half. After the attachment but before the sale Amir Chand died and the decree-holder wanted to proceed with the execution against the attached property in the hands of the father and the widow. Objections were raised on behalf of the father which have bean disallowed, hence this appeal.

(2.) Two points have been urged before us, The first is that the effect of the attachment ceased as soon as Amir Chand died inasmuch as the property was undivided joint family property which has survived to the father. The second point is that the father is in no case the legal representative of the deceased Amir Chand.

(3.) The first contention is contrary to what was laid down by their Lordships of the Privy Council in the case of Suraj Bunsi Koer V/s. Sheo Persad Singh (1880) 5 Cal 148, where it was clearly held that the attachment of an undivided interest of a coparcener created a charge on his interest which was not extinguished by the death of that coparcener. That case has bean followed by this Court in the case of Lachmi Narain V/s. Kunji Lal (1894) 16 All 449.