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Ahmadunnissa Vs. Gulzari Lal - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All83(1); 24Ind.Cas.36
AppellantAhmadunnissa
RespondentGulzari Lal
Excerpt:
appeal - decision in favour--finding against--appeal, whether competent. - .....and anr. obtained a decree for possession of certain immoveable property and the right to recover mesne profits which were to be determined in the execution department. on the 26th february 1906, an application was made on behalf of the decree-holders to the court of first instance for the ascertainment of the amount of mesne. profits recoverable for the years 1307, 1308, 1309 and 1310, fasli. on the 8th june 1908 the court of first instance passed an order fixing the amount due for 1307, 1308 and 1310. as to the mesne profit for 1309 it was held, that there was no data before the court to. determine the amount for that year. on appeal by the decree-holders to this court the decree of the first court was confirmed on the 25th june 1910. on the 24th september 1911 one of the.....
Judgment:

1. This is an execution appeal which has arisen out of the following circumstances : On the 19th May 1903 Gulzari Lal and Anr. obtained a decree for possession of certain immoveable property and the right to recover mesne profits which were to be determined in the execution department. On the 26th February 1906, an application was made on behalf of the decree-holders to the Court of first instance for the ascertainment of the amount of mesne. profits recoverable for the years 1307, 1308, 1309 and 1310, Fasli. On the 8th June 1908 the Court of first instance passed an order fixing the amount due for 1307, 1308 and 1310. As to the mesne profit for 1309 it was held, that there was no data before the Court to. determine the amount for that year. On appeal by the decree-holders to this Court the decree of the first Court was confirmed on the 25th June 1910. On the 24th September 1911 one of the decree-holders, viz., Gulzari Lai, alone applied for the execution of the decree as regards the mesne profits. determined by' the order of the 8th June 1908. The judgment debtor resisted the application on two grounds among others, viz., limitation and the incapacity of one of the decree-holders only to apply for execution. The learned Subordinate Judge held that Gulzari Lai alone could not ask for the execution of the decree, and dismissed his application. But in his order he also determined the question of limitation which ho decided in favour of the decree-holders. The judgment-debtor has come up in appeal to this Court by which he questions the finding of the lower Court on the point of limitation. We think that no appeal lies. The original application for execution was dismissed and if one of the objections urged against the application was decided against the judgment-debtor, the latter is not entitled to appeal to this Court only on that point because the result of the dispute between the parties was decided in his favour. The appeal, therefore, fails and is dismissed with costs.


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