NABBOBAI W/O GHASIRAM Vs. HASAN GANI ABDUL GANI
HIGH COURT OF MADHYA PRADESH
Nabbobai W/o Ghasiram and Anr.
Hasan Gani Abdul Gani and Ors.
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Newaskar, J. -
(1.)DECREE -holders Nabbobai w/o Gyarasiram and Priyabai w/o Govindram obtained a preliminary mortgage -decree on 31 -8 -1951 against Saiyad Hasan Gani and eight others for Rs. 6305 -8 -6 together with interest at As. 12 per cent. P.M. pendente lite on the principal sum of Rs. 4637 -4 -0 and future interest subsequent to the date of the decree at As. 8 per cent. P.M. on the entire decretal amount of Rs. 6905 -8 -6.
(2.)THIS decree was ordered to be made final on the application of the Plaintiffs -decree -holders on 12 -1 -53 and actual decree was drawn up on 29 -1 -53. Thereafter on 1 -4 -53 decree -holders aforesaid applied for execution of the said final decree but instead of usual prayer for sale of the property described in the final decree they applied for attachment of the compensation money in respect of the mortgaged property in the hands of the claims officers of Gird owing to the circumstances that by reason of notification issued by the Madhya Bharat Government under Section 3(1) of the Madhya Bharat Zamindari Abolition Act No. 13 of 1951, the mortgaged property, being a Zamindari property, had vested in the Government, on 2 -10 -1951.
An ex parte order prohibiting the amount of compensation money being paid to the mortgagor judgment -debtor was passed on 4 -8 -53 by the Civil Judge, Gwalior in this execution petition and a notice was issued to the judgment -debtors to show cause why the order be not made absolute. On the cause being shown, the learned Civil Judge held on 25 -8 -53 that it is open for the Civil Courts to attach the compensation money in the hands of a Claims Officer as there is no bar for this being done under the Madhya Bharat Zamindari Abolition Act. He however reserved for further consideration the question whether it is open for the decree -holders to apply for attachment of compensation money in execution of a mortgage -decree for sale without obtaining a personal decree under the provisions of Order 34, Rule 6, Code of Civil Procedure.
(3.)THIS latter question was decided by the learned Judge on 21 -9 -1953 by holding that it is not open to the decree -holders to attach compensation money in the hands of the Claims Officer without first obtaining a personal decree under Order 34, Rule 6, Code of Civil Procedure He therefore vacated his first order dated 4 -8 -1953 whereby he had ordered such attachment.
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