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Kalloo Khan Vs. Abdullah Khan and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Judge
Reported inAIR1920All245(1); 58Ind.Cas.448
AppellantKalloo Khan
RespondentAbdullah Khan and anr.
Excerpt:
execution of decree - property attached placed in charge of third person--attachment raised and proceedings strack off--failure to produce property--court, power of, to initiate proceedings against defaulter--remedy, proper. - - 1. the order complained of in this case was passed wholly without jurisdiction. if kalloo khan had misappropriated the crops, the remedy of the judgment debtor was to sue him for recovery of the crops or their value or to bring a suit for damages against him, but the court, in proceedings like those set forth above, had no power to make a decree as it purports to have done against kalloo khan, the man to whom the crops were entrusted......of february 1919. he applied for execution of the decree on the 13th of march 1919. the judgment-debtor paid a portion of the decretal amount and obtained time to pay up the balance and the case was struck off in april 1919. in execution of the decree some crops were attached and were placed in charge of the applicant kalloo khan. on the 27th of april 1919 the judgment-debtor, abdullah khan, presented an application in court in which he stated that although he had paid a part of the decretal amount and the court had ordered, the attached crops to be released, those crops had not been delivered back to farm. an explanation was called for from the amin and on receipt of it the court instituted certain proceedings and examined witnesses and in the end made an order on the 2nd of june 1919.....
Judgment:

P.C. Banerji, J.

1. The order complained of in this case was passed wholly without jurisdiction. What happened was this:-- decree was obtained against Abdullah Khan by Bashir Khan on the 25th of February 1919. He applied for execution of the decree on the 13th of March 1919. The judgment-debtor paid a portion of the decretal amount and obtained time to pay up the balance and the case was struck off in April 1919. In execution of the decree some crops were attached and were placed in charge of the applicant Kalloo Khan. On the 27th of April 1919 the judgment-debtor, Abdullah Khan, presented an application in Court in which he stated that although he had paid a part of the decretal amount and the Court had ordered, the attached crops to be released, those crops had not been delivered back to farm. An explanation was called for from the Amin and on receipt of it the Court instituted certain proceedings and examined witnesses and in the end made an order on the 2nd of June 1919 directing the applicant to hand over certain crops to the judgment-debtor or to pay him Rs.106, their price. There is no authority to justify the action of the Court. If Kalloo Khan had misappropriated the crops, the remedy of the judgment debtor was to sue him for recovery of the crops or their value or to bring a suit for damages against him, but the Court, in proceedings like those set forth above, had no power to make a decree as it purports to have done against Kalloo Khan, the man to whom the crops were entrusted. I accordingly grant the application and set aside the order of the Court below. I make no order as to costs.


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