Bhikham Das v. Pura

[141] Pearson, J.:— The decisions to which the lower Courts have referred do not rule that an ancestral house cannot be sold in execution-[142] of a decree, if the judgment-debtor's widow be residing in it. They relate to the question, not at present raised in this case, as to whether the widow could be ousted by the auction-purchaser. In the present case the house was hypothecated before the rights of the respondents arising out of the demise of Lachmi Narain had accrued. We accept and decree the appeal with costs, and in modification of the decree of the lower Courts decree that portion of the claim which was dismissed by them.