BALWANT SINGH Vs. HAR JAS

JUDGEMENT

(1.) One Balwant Singh, decree-holder in execution of his decree against Nawal Singh and others, attached the crops of the judgment-debtors and the crops were made over to Harjas, the plaintiff-respondent as Supraddar. When the amin went to sell the crops it was found that they had been made over to the judgment- debtors. The execution Court then took proceedings against Harjas as Supraddar for misconduct in permitting the attached property to be made over to the judgment-debtors without the order of the Court. The execution Court finding that Harjas had acted improperly in allowing the attached property to be made over to the judgment-debtors ordered him to deposit Rs. 75 in Court.

(2.) Harjas then filed a suit to recover Rs. 75 which he had been made to deposit under the orders of the Court against the judgment-debtors primarily, but he also impleaded the decree-holder and asked that the relief should be given against whichever defendant the Court thought fit. The Court found that a compromise had been entered into between the decree-holder and two of the judgment- debtors. The terms of the compromise as found by the Court were that these judgment-debtors paid Rs. 75 to the decree-holder for their share of the decretal money and that the crops attached were released to the extent of that share. The Court found that the supraddar, viz., the plaintiff in the present suit, was informed that this compromise had been entered into between the decree-holder and the judgment-debtors and, therefore, he made over the property to the judgment- debtors in good faith. Subsequently the decree-holder played false and realized Rs. 75 firstly from Defendants Nos. 1 and 2 and secondly from the Supraddar through the order of the Court.

(3.) The Court finding that the Defendants Nos. 1 and 2 had already paid up their amount of the decree, passed a decree for Rs. 75 against the decree-holder only.