MEGHRAJ RAMKARANJI GOLCHA Vs. KESARIMAL RIKHABCHAND

JUDGEMENT

(1.) IN civil suit No. 36 of 1929 Sadaran obtained a decree against Kesarimal, the respondent in this Court, and took out execution, apparently early in 1932. Kesarimal put in an application to the executing Court on 19-4-1932 asking that the attachment of his bungalow in the Amraoti Civil Station should be postponed as a marriage was to be performed there in May. The attachment was accordingly postponed, and on

(2.) -5-1932 Kesarimal took advantage of the postponement to execute a document by which he purported to sell this bungalow to Meghran, the appellant in this Court, for Rs. 15,000 with a right to re-purchase within five years. 2. On 3-5-1932 Kesarimal executed another document by which he purported to take the bungalow on lease on a rent to Rs. 111 per month. It was Meghraj's son who was to be married to Kesarimal's niece. Sadaram subsequently attached the bungalow, and Meghraj, after an unsuccessful objection to the attachment, filed a suit under Order 21, Rule 68, Civil P.C. to establish his title to the bungalow. That suit failed, and an appeal to this Court, First Appeal No. 17B of 1935, was compromised on 6th April 1939. By this compromise Meghraj undertook to pay Rs. 7000 to 'Sadaram in part payment of Sadaram's decree against Kesarimal, this sum to be a charge on the bungalow; in return Sadaram recognized Meghraj's title to the bungalow and reserved his right to recover from Kesarimal the rest of the money due under this decree. In the meantime Meghraj had instituted a civil Suit No. 51B of 1938 against Kesarimal for the rent of the bungalow, and on 17th October 1939 he obtained a decree for Rs. 4692-11-8 and costs.

(3.) IT was stated in that document that possession of the bungalow had been given to Meghraj, though admittedly it had not been given: Kesarimal had however promised to give it with a four days. This petition of compromise was filed in the executing Court. The case was fixed for hearing in the executing Court on 5th February 1941, but nothing was done on that day as Meghraj was absent.