MT HAFIZAN Vs. CHHAKKO LAL

JUDGEMENT

(1.) THIS is an execution second appeal by the decree-holders. They sought to attach certain groves in execution of their decree against the judgment-debtors. The judgment-debtors objected to the attachment on the ground that the groves sought to be attached were on a portion of their ex-proprietary holding and as such were not saleable in execution of the decree. THIS objection was overruled by the learned Munsif but has been accepted by the lower appellate Court. It is clear from the finding of the lower appellate Court that the trees sought to be attached and sold by the decree-holders are situate on a portion of the ex-proprietary holding of the judgment-debtors-respondents. The trees were planted by the judgment-debtors or by their ancestors on their sir land. In view of the Full Bench decision in Jugal V/s. Deoki Nandan [1886] 9 All. 88 the judgment-debtors must be deemed to have the rights of an ex-proprietary tenant in the groves in dispute. In other words the groves partake of the nature of the holding on which they stand, and as such cannot be attached and sold in execution of the decree held by the appellants. I dismiss the appeal with costs.