JOKHAN MISRA Vs. MAHESH PANDIT

JUDGEMENT

(1.) An interesting point of law has been raised in this appeal. A decree for money was passed against the appellant's father, Kauleshwar Misra in 1939. After Kauleshwar Misra's death the decree is now being executed against his son, the appellant, by attachment of mortgagee rights in an occupancy holding. It appears that Kaujeshwar Misra had obtained a usufructuary mortgage of an occupancy holding by a deed dated 19 April 1939. These rights are now with the appellant and he apparently has possession of the occupancy holding. The decree-Holders want to attach these rights for what they are worth and to sell them. The appellant objected that they could not be attached and sold. Both the Courts below have held that the rights are attachable and saleable and have dismissed the objection. He has came up in appeal to this Court.

(2.) Now, Section 23, U.P. Tenancy Act, [It should be Agra Tenancy Act. The corresponding provision in the U.P. Tenancy Act (XVIII

(17.) of 1939), is Section 33.-Ed.] (Act III