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Prasanna Kumar Saha Vs. Dhirendra Lal Gupta - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1929Cal790
AppellantPrasanna Kumar Saha
RespondentDhirendra Lal Gupta
Excerpt:
- .....court of wards act, in holding that the interest of the judgment-debtor in the property attached is not saleable. section 60-a, however, refers to debts incurred by a ward. the judgment-debtor in this case is not a ward of court. the court of wards was appointed the common manager under the provisions of the bengal tenancy act by the district judge. that does not render all the cosharers of the property wards of court so as to disqualify them from incurring debts or selling their interest in the property in question. as every cosharer is entitled to sell his interest a creditor of such cosharer is entitled to sell his property in execution of his decree against him.2. the order of the subordinate judge is set aside and the case remitted to the court below for proceeding with the.....
Judgment:

1. In this case the order of the Subordinate Judge appears to us to be wrong. He has applied the provisions of Section 60-A, Court of Wards Act, in holding that the interest of the judgment-debtor in the property attached is not saleable. Section 60-A, however, refers to debts incurred by a ward. The judgment-debtor in this case is not a ward of Court. The Court of Wards was appointed the common manager under the provisions of the Bengal Tenancy Act by the District Judge. That does not render all the cosharers of the property wards of Court so as to disqualify them from incurring debts or selling their interest in the property in question. As every cosharer is entitled to sell his interest a creditor of such cosharer is entitled to sell his property in execution of his decree against him.

2. The order of the Subordinate Judge is set aside and the case remitted to the Court below for proceeding with the execution. The appellant is entitled to his costs as against the respondent, which we assess at five gold mohurs.


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