MT BEGAM SULTAN Vs. SARVI BEGAM

JUDGEMENT

(1.) This is a decree-holder's appeal arising out of an execution matter. The respondents took the objection, inter alia, that the application for execution was barred by the three years rule under Art. 182 of the Limitation Act, as well as by the 12 years rule under Section 48 of the Civil P.C.

(2.) The objection is based on the following circumstances: A decree for sale was obtained against two sets of properties situated in Bulandshahr and Meerut in the year 1907. Before the final decree was passed part of the property situated in the Meerut district was sold at an auction and purchased by Sarvi Begam on the 25th of March 1908. An order absolute under the old Code was passed on the 10 of August 1908. Sarvi Begam, the purchaser, was, however, not impleaded till then. Subsequently Sarvi Begam made a gift of a portion of her interest in favour of Taimur Ali Shah some time in the year 1325 Fasli corresponding to 1918.

(3.) The decree-holder first proceeded to execute his decree in respect of the properties situated in Bulandshahr. These execution proceedings went on for several years and part of the decretal amount was realized by sale of the properties situated in that district. Ultimately on the 13 of October 1922 the decree-holder put in an application, which, however, is not on the record of this case, for execution, or rather for grant of a certificate of transfer of the decree to the district of Meerut. On the 22 December, 1922 a certificate was granted and the decree was ordered to be transferred to the Court of the Subordinate Judge at Meerut. When the case went to the Meerut Court the present application for execution was made on the 10 of January 1923. Objection was raised by Sarvi Begam that the present application, not having been made within three years of the last application for execution or any step-in-aid of execution as against her, was barred, and further the decree being more than 12 years old the application was not maintainable.