SANSAR CHAND MELA RAM Vs. SHAM LAL DHANPAT RAI
HIGH COURT OF PUNJAB AND HARYANA
SANSAR CHAND MELA RAM
SHAM LAL DHANPAT RAI
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(1.) THE only point involved in this second execution appeal is with respect to the application of Section 47 Civil Procedure Code.
(2.) IN a partition suit, Sansar Chand appellant and Jawahar Lal obtained a joint decree for possession against Sham Lal respondent. According to the terms of the decree, they jointly were to get possession of a room on the ground-floor and another on the first-floor of the building in question. Sansar Chand on his own behalf and for the benefit of his co-decree-holder, Jawahar Lal, took out execution of the decree on 30th August, 1954. The usual warrant was issued, Sansar Chand was placed in possession of the property on 10th October, 1954.
(3.) ONLY a few days before the execution application was presented, viz, on 20th august 1954, Jawahar Lal had transferred by gift his share of the decretal house in favour of Sham Lal, the judgment-debtor. The very day the execution was taken out, Sham Lal objected to the execution of the decree by Sansar Chand, on the basis of the gift in his favour. It was submitted that Sansar Chand was not entitled to separate possession, but only to joint possession with the judgment-debtor. No action was taken on his objection, except that a notice for 20th November 1954 was issued. In the meantime, Sansar Chand got exclusive possession of the house on 10th October, 1954. On 14th October, 1954, Sham Lal submitted another application on the same allegations praying that the possession delivered to sansar Chand be restored back to him.;
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