(Kumar Rani) Sayeedah Khatoon vs Kirpal Singh and others

Varma, J.—The petitioner is the decree-holder and has come to this Court, to have the order passed by the Munsif of Aurangabad, on 6th August 1934, set aside. The suit was originally filed for arrears of rent and a decree was passed amounting to Rs. 699-13-9. In execution of that decree the petitioner prayed for the sale of the holding of the judgment-debtor the area of which was 25.40 acres out of which 1.30 acres was nakdi and 24.10 acres were bhaoli. The opposite party objected under O. 21, R. 66 and O. 21, R. 17, to the valuation given by the decree-holder and prayed that the whole of the holding need not be sold. The learned Munsif examined a few witnesses and came to the conclusion that the valuation given by the decree-holder was very low and the value of the property attached would be something about Rs. 4,000. He further ordered that for the decretal amount only 7 bighas of land should be attached and the rest of the land should be released.

The learned advocate for the petitioner urges that the Court below has acted with material irregularity in fixing the price of the lands attached because the evidence does not justify such a conclusion. This part of the argument docs not appeal to me as the learned Munsif has referred both to the oral and documentary evidence and has come to that conclusion. The second point is that the 7 Bighas to be attached have not been specified and so there is a sort of vagueness in the order but it is urged on behalf of the opposite party that it is for the decree-holder to select these 7 bighas for the purpose of attachment, and no prejudice should be caused to anybody.

The third point is that this order will force the decree-holder landlord to split up the holding which he may not like to do. This may be so; but when it appears that the decree was being executed as a money decree, and when R. 17, O. 21. Civil P.C., provides that

in the case of a decree for the payment of money, the value of the property attached shall, as nearly as may be, correspond with the amount due under the decree

I am not prepared to hold that the Court below acted without jurisdiction. The application is rejected; hearing fee one gold mohur.