AIR 1971 BOMBAY 94 ::1971 Mah LJ 224 ::74 Bom LR 789 ::ILR (1972) Bom 427

Bombay High Court

Hon'ble Judge(s): Bhole , J

Civil P.C. (5 of 1908) , O.21 R.58— Scope of inquiry - Objection should be decided on the basis of possession - Complicated questions of title not to be decided. The inquiry under Order 21, Rule 58, should necessarily be of a summary nature and the objection should be decided principally on the basis of possession. If complicated questions of title or other facts are involved, then the party has to establish its right by filing a suit. The question of title is required to be gone into only so far as it may be necessary to determine whether the person in possession holds such possession as agent or as trustee for another and if it be found that the judgment-debtor is in possession of the attached property the further issue whether his apparent possession is his real possession will not be gone into. Case law discussed.(Para 4 8 9 11)