ATUL CHANDRA BASU Vs. ARIP SHAIKH

JUDGEMENT

(1.) It is contended on behalf of the appellant in this case that the judgment-debtor is not entitled to raise the objection to the execution of the decree.

(2.) There is no doubt that the decree which has been obtained against the judgment-debtor is binding upon him and that in execution proceedings he cannot go behind the decree. But the objection raised by him was that the decree could not be executed under the special procedure prescribed by Chapter XIV of the Bengal Tenancy Act. It was competent to the judgment-debtor to raise such objection.

(3.) The decree, however, can be executed as a decree for money under the Civil Procedure Code and the right, title and interest of the judgment-debtor in the lands can be put up to sale. The judgment-debtor cannot object to such a course being adopted.