DURBAR KHACHAR ODHA ALA Vs. KHACHAR HARSUR OGHAD

JUDGEMENT

(1.) In 1878 a decree was obtained against the father of the present respondent. Certain Talukdari lands of his were placed under attachment, and execution was thereafter effected through the instrumentality of the Collector, who retained the management of the lands in his hands and paid the decree-holder the profits accruing therefrom.

(2.) In 1901 the judgment-debtor died, the decree being still unsatisfied, and the estate passed to his son, the respondent, by survivorship. The decree-holder caused his name to be brought upon the record under Section 234, Civil Procedure Code, as the legal representative of the judgment-debtor, and sought to proceed with the execution. But the respondent objected, inter alia, on the ground that the obligation embodied in the decree was one which did not bind him. This objection he was entitled to raise under Section 244: see the similar case of Umed Hathising V/s. Goman Bhaiji (1895) I.LR. 20 Bom. 385

(3.) After delays arising from remands and other causes, the lower appellate Court eventually held that the objection was good, and ordered the darkhast to be dismissed. A gainst this order the decree-holder has now appealed.