CHET SINGH Vs. ANJUMAN IMDAD BAHMI QARZA

JUDGEMENT

(1.) To appreciate the point of law involved in this case the-facts must be set out in some detail. The facts are that the plaintiff, the Anjuman Imdad Bahmi Qarza of Bodiwala Kharak Singh, was one of the creditors of one Arjan Singh, who had two other creditors, both named Chet Singh, one being Chet Singh son of Budh Singh and the other Chet Singh son of Kakar Singh. The house in suit was bought by the plaintiff Society from the said Arjan Singh on 4 of November 1933 by the sale- deed Ex. p. 4. Chet Singh son of Budh Singh in execution of his decree against Arjan Singh got this house attached and the plaintiff Society filed objections under Order 21, Rule 58, Civil P.C., which were summarily dismissed on 1 March 1934. On 19 March 1934, the plaintiff Society instituted the usual suit under Order 21, Rule 63, Civil P.C. which was decreed on 31 January 1936.

(2.) In the meantime, Chet Singh son of Kakar Singh, the present appellant, got the same house attached in execution of his decree and the plaintiff society again put in objections under Order 21, Rule 58, Civil P.C. on 21 January 1935, but these objections were dismissed with costs on 11 February 1935 on the ground that the objections were frivolous as there was already a declaratory suit pending under Order 21 Rule 63, Civil P.C. In passing this order, the Sub-Judge appears to be under the wrong impression that Chet Singh against whom the declaratory suit was pending was the same Chet Singh at whose instance the house was then under attachment by his Court. The plaintiff Society failed to file a suit under Order 21, Rule 63, Civil P. C. against Chet Singh son of Kakar Singh who succeeded in obtaining possession of the house in execution of his decree with the result that the plaintiff Society brought a suit for possession of the house on 11th March 1941. The suit was decreed in the first place on 81et March 1942 and the appeal preferred by Chet Singh against the decree of the trial Court was dismissed by the Senior Sub-Judge on 8 July 1942.

(3.) Chef Singh, son of Kakar Singh preferred a second appeal in the High Court and by an order dated 8 February 1944 the case was remanded, since apparently at that stage there was still some confusion regarding the identity of the two Chet Singhs. The suit has, however, again been decreed in the plaintiffs favour by the trial Court as also by the Court of first appeal.