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Bhikham Das Vs. Pura and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All141
AppellantBhikham Das
RespondentPura and anr.
Excerpt:
hindu law - family dwelling-house--ancestral property--mortgage--sale in execution of decree. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the.....pearson, j.1. the decisions to which the lower courts have referred do not rule that an ancestral house cannot be sold in execution of a decree, if the judgment-debtor's widow be residing in it. they relate to the question not at present raised in this case, as to whether the widow could be ousted by the auction-purchaser. in the present case the house was hypothecated before the rights of the respondents arising out of the demise of lachmi narain had accrued. we accept and decree the appeal with costs, and in modification of the decree of the lower courts decree that portion of the claim which was dismissed by them.
Judgment:

Pearson, J.

1. The decisions to which the lower Courts have referred do not rule that an ancestral house cannot be sold in execution of a decree, if the judgment-debtor's widow be residing in it. They relate to the question not at present raised in this case, as to whether the widow could be ousted by the auction-purchaser. In the present case the house was hypothecated before the rights of the respondents arising out of the demise of Lachmi Narain had accrued. We accept and decree the appeal with costs, and in modification of the decree of the lower Courts decree that portion of the claim which was dismissed by them.


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