ABDUL GANI Vs. NABENDRA KISHORE ROY

JUDGEMENT

(1.) This appeal has arisen out of a suit for setting aside an order passed in a claim case releasing certain property from attachment, for a declaration of defendant 1's title thereto and for a further declaration that the property is liable to be sold in execution of a decree against the said defendant 1. The Courts below have decreed the suit. Defendants 1 and 2 have appealed to this Court.

(2.) The plaintiff's case was that defendants 1 and 2 inherited the property in equal shares from their father Kamar Ali Bepari. He attached a half share of defendant 1 in the said property in execution of a decree he held against the said defendant, but, defendant 1 having raised an objection that he was possessing it as mutwalli the property was released from attachment. Hence the present suit under Order 24, Rule 63, Civil P.C.

(3.) The property in suit are some lands in a taluk named Sitaram. In 1894 Kamar Ali created a wakf in respect of five taluks of which Sitaram was one, the other four taluks being Joykrishnh, Manwar Khan, Durgaram and Mohamed Mokim. Kamar Ali died in the same year.