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Bally Dobey Vs. Ganei Deo and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal388
AppellantBally Dobey
RespondentGanei Deo and anr.
Excerpt:
execution of decree - attachment--shikmi ghatwali tenure. - tottenham, j.1. we are of opinion that the lower courts' judgment is correct. the question involved in the suit is whether a shikmi ghatwali tenure, held under the superior ghatwal, is liable to be sold in execution, or its proceeds liable to attachment for satisfaction of the debt due from its holder. the lower court has held that it is not liable for such debts, and we entirely, concur in that opinion. the shikmi tenure partakes of the nature of the superior ghatwali tenure, and as the latter has been repeatedly held by this court to be not liable for such, debts, the former will be necessarily so. the inferior tenure cannot have larger incidents attached to it than the superior.2. we accordingly dismiss the appeal with costs.
Judgment:

Tottenham, J.

1. We are of opinion that the lower Courts' judgment is correct. The question involved in the suit is whether a shikmi ghatwali tenure, held under the superior ghatwal, is liable to be sold in execution, or its proceeds liable to attachment for satisfaction of the debt due from its holder. The lower Court has held that it is not liable for such debts, and we entirely, concur in that opinion. The shikmi tenure partakes of the nature of the superior ghatwali tenure, and as the latter has been repeatedly held by this Court to be not liable for such, debts, the former will be necessarily so. The inferior tenure cannot have larger incidents attached to it than the superior.

2. We accordingly dismiss the appeal with costs.


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