LAWS(PVC)-1909-9-37

PURUSHOTTAM HARGOVANDAS Vs. RAJBAI RAJAJI HIRAJI

Decided On September 01, 1909
PURUSHOTTAM HARGOVANDAS Appellant
V/S
RAJBAI RAJAJI HIRAJI Respondents

JUDGEMENT

(1.) The appellant appealed to the First Class Subordinate Judge for the disposal of an application for execution of a decree obtained by him so long ago as the 26 of August 1895. The application for execution was made on the 25 of June 1896. The mode in which the assistance of the Court was sought was by sale of the right, title, and interest of the mortgagor in the mortgaged property which was the subject of the suit. On the 8 of July 1898 an order for sale having been passed the proceedings were transferred to the Collector for execution, under Section 320 of the Code, and by him to the Talukdari Settlement Officer upon whom the powers of the Collector under that section had been conferred. The judgment- debtor was a Talukdar having a small share in a Talukdari estate, and it was in order to have that share realised by sale that the application had been made for execution.

(2.) In the mon September, 1905, under the provisions of the Gujarat Talukdars Act (Bombay Act VI of 1888) Section 29B, a Notification was issued stating that the whole of the Talukdari estate had been taken into the management of the Talukdari Settlement Officer and that persons having claims upon Talukdars or their property should submit the same in writing to the Talukdari Settlement Officer. Previous to the date of that Notification the Talukdari Settlement Officer had taken the estate into his management under the provisions of Section 28(2) of the Act. Before six months had expired from the date of the Notification under Section 29B, the judgment-debtor died. The date of his death was 21 of January 1907. Between the date of the Notification and the date of the death of the judgment-debtor two applications were made to the Court by the judgment-creditor that the execution of the decree might be carried out, and those applications were forwarded by the Court to the Talukdari Settlement Officer with endorsements directing that the execution should proceed.

(3.) On the 3 of July 1907, the plaintiff applied to the Court stating that the present respondent was the legal representative of the deceased judgment-debtor and praying that execution might be proceeded with against her. That application was forwarded by the Court to the Talukdari Settlement Officer and was filed by him in the file of documents relating to the execution of the decree in his office.