CHUNNI LAL Vs. MANIK CHAND

JUDGEMENT

(1.) The plaintiff Chunni Lal obtained a simple money decree in 1921 against Debi Singh, Defendant No. 2 and in execution of that decree attached certain crops growing on the occupancy holding of Debi Singh. The attachment was made on the 5 October 1921. One Manik Chand raised an objection in the execution Court in respect of this attachment, alleging that the crops which had been attached belonged to him and not to Debi Singh. His case was that Debi Singh, the occupancy tenant, had sublet the land to Ram Saroop, and that Ram Saroop in his turn had sub-let the land to Manik Chand who in fact had cultivated it and had sown the crops. This objection was accepted by the execution Court and the attachment was accordingly set aside.

(2.) In the meantime Ram Saroop, on the allegation that a sum of Rs. 150 was due to him as rent from Manik Chand, his sub-tenant made a distraint of the very some crops. The 21 of November 1921 was fixed by the revenue Court for the sale of these crops.

(3.) The plaintiff, whose attachment was still subsisting up till that date paid the sum of Rs. 150 due from Manik Chand to Ram Saroop in order to save the property from sale in the distraint proceedings.