[1] We think that the lower Appellate Court has applied the authorities rightly. We need only add to them Raja Kamodana Venlcatanarasimha Ramachandra Row Bahadur Zamindar Garu v. Raja Lakshminarasamma Bow Zamindar Gam 30 M. 266 : 2 M.L.T. 188 : 17 M.L.J. 139 and Tara Sundari Debi v. Sarada Gharan Bandopadhya 7 Ind. Cas. 80 [LQ/CalHC/1910/335] : 12 C.L.J. 146. We agree that the appellant s interest is not exempt from attachment under Section 60 (n) of the Code of Civil Procedure.
[2] It is also argued that the property cannot be attached because appellant s tarwad will have a right to object to its attachment The appellant cannot rely on this objection. It can be dealt with if the tarwad makes it.
[3] The appeal against appellate order is dismissed with costs.
Kothal Mammad Haji v. Pydal Nair
Kothal Mammad Haji v. Pydal Nair
(High Court Of Judicature At Madras)
No. | 20-04-1915
Advocate List
Bench
- HON'BLE MR. JUSTICE OLDFIELD
- HON'BLE MR. JUSTICE SESHAGIRI AYYAR
Eq Citations
- 29 IND. CAS. 578
- AIR 1916 MAD 833 2
- LQ/MadHC/1915/225
Head Note
Inheritance and Succession — Attachments — Exemptions — Exemptions from attachment — Interest of appellant not exempt from attachment under S. 60(n) CPC — Held, lower appellate court rightly applied the authorities — Appeal against appellate order dismissed with costs — Civil Procedure Code, 1908, S. 60(n)
