BHAICHAND GULABCHAND Vs. BALA KHANDU TELI

JUDGEMENT

(1.) There is no question in this case but that the plaintiffs suit is barred unless they obtained possession in execution of a decree, by which the defendant was bound, in January 1902.

(2.) It has been held by the lower Court that the defendant was by reason of his conduct after notice for execution, notwithstanding the informality with regard to service of the summons in the suit, bound by the execution proceedings. That being so, possession under the decree could be obtained in execution as against him by the procedure laid down in Section 263 of the Civil Procedure Code of 1882, namely by his removal from the property in favour of the decree-holder. This procedure, however, was not followed.

(3.) The facts proved are stated with clearness by the Subordinate Judge Mr. Dixit and upon that statement it is manifest that his conclusion that actual possession was not given and that the defendant remained in possession as before is correct.