DAWOOLAL Vs. KHEDUPRASAD

JUDGEMENT

(1.) THIS is a second appeal from the judgment and decree of Mr. V.N. Deo, District Judge, Raipur, in civil Appeal No. 30-A of 1940 decided on 22nd February 1941, reversing the judgment and decree of the trial Courts.

(2.) THE appellants are the three sons of one Bisram Prasad, who had obtained a decree for Rs. 2240 in civil Suit No. 37 of 1932 of the Court of Subordinate Judge, 2nd class, Dhamtari against Dukhuprasad (defendant 4) and during the pendency of the suit Bisram Prasad had attached before judgment Dukhuprasad's 0.19 shares in mauzas Bagtarai, Dubchera, Tengna and Ruputola. These attachments were effected on the following dates: Baghtarai on 31-1-1932 Dubchera on 1-2-1932 Barpara Tengnaon 2-2-1932 and Ruputola on 2-2-1932.

(3.) MEANWHILE on 7th July 1932, Bansinath Sao and his nine sons partitioned the property by a registered-deed Ex. P-5, and allotted the share in these villages to the plaintiffs while Dukhuprasad was allotted 0-7-0 share in mauza Baliyara, tahsil Dhamtari. The Collector proceeded with the 'c' Form which was received by him on 8th August 1932 and in Revenue case No. 31/145 of 1932-33 relating to Dawoolal v. Dukhuprasad he ordered the sale of these properties and the sale was held at Balod tahsil on 30th November 1939 and on 13th January 1940 the sale was confirmed. On 3rd February 1940 the plaintiffs brought this suit for declaration that the 0-1-9 shares in the four villages were not liable to attachment and sale in the decree against defendant 4 obtained by defendants 1.3 in Civil Suit No. 37 of 1932.