Madras High Court
Kothal Mammad Haji vs Pydal Nair And Anr. on 20 April, 1915
Equivalent citations: 29IND. CAS.578, AIR 1916 MADRAS 833(2)
JUDGMENT
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 : 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.
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.
The appeal against appellate order is dismissed with costs.