LAWS(SC)-1970-4-41

PREM LATA AGARWAL Vs. AKSHMAN PRASAD GUPTA

Decided On April 23, 1970
PREM LATA AGARWAL Appellant
V/S
AKSHMAN PRASAD GUPTA Respondents

JUDGEMENT

(1.) This appeal is by special leave from the judgment dated 21st March, 1966 of the Madras High Court dismissing the appeal preferred by the appellant against the decree holders' application for execution of the decree.

(2.) The appellant is one of the judgment-debtors brought on record as legal representative of a deceased judgment-debtor Lala Baijnath Prasad. Respondent No. 1 Lakshman Prasad Gupta was one of the plaintiffs. Pratap Chand and Basudeb Prasad respondents Nos. 2 and 3 respectively are the sons of a judgment-debtor Girdharilal Agarwala.

(3.) The plaintiff respondent Lakshman Prasad Gupta was married to the sister of Lala Bansilal. Bansilal belonged to the joint family which consisted inter alia of the appellant's father. There were five branches of the said joint family of the judgment-debtors, three whereof were at Banaras, Calcutta and Naini and the other two were the branches of the descendants of Mohanlal and of Lala Baijnath Prasad, father of the appellant, respectively. The said joint family had valuable properties in and around the town of Arrah in Bihar. There are alleged to be valuable properties of the joint family also at Allahabad, Banaras, Bombay, Calcutta and Madras.