Harnam Singh, J. - (1.) IN order to appreciate the points of law arising in these proceedings the facts must be, set out in detail.
(2.) IN Civil Suit No. 332 of 1914 decided on the 13th May, 1915, the trial Court ordered: I hereby pass a declaratory decree to the effect that the Plaintiff is entitled to Rs. 45/ - per mensem by way of maintenance from the Defendant and that this sum will be a charge on the movable and immovable property of the Defendant: It may be noted that 'beyond this sum of Rs. 45/ - per mensem and the charge created thereby on the property of the Defendant the Plaintiff will have to do nothing with the latter or his property as heir. 'Lala' Balkishan Dass Judgment -debtor died in September 1947, and the application for execution of which these proceedings have arisen was made on the 17th of March, 1948, for realising maintenance at Rs. 45/ - per mensem for the period between the 12th of November, 1946, and the 12th of March, 1948.
(3.) IN deciding execution case No. 63 of 1948 the executing Court found that the decree -holder was entitled to execute the decree against the legal representative of 'Lala' Balkrishan Das to the extent of the property of the deceased which had come to their hands and had not been duly disposed of for the period prior to the death of 'Lala' Balkishan Das.;