BEST OF THE REST @ › / ! ! ” @ 3 issued a notice to the Petitioner. According to the Petitioner, the compensation payable to him for the land under reference was not liable to be attached in view of clause (a) of section 52A of the Act. The Petitioner made a representation ” @ › of enhanced compensation to the Petitioner, ¤ ~ ” @ | ” @ |
the amount of compensation payable to the petitioner and directed to release the said amount as per the law.
of Act provides that no compensation which is awarded or awardable, before it is actually paid to person entitled to receive the same shall be liable to seizure, attachment or sequestration \ ! \ ! ] ^ " §|$} governs cases in respect of any land which is not liable under the law for the time being in force to attachment or sale in execution of a decree or order of any Court. The expression “in respect of any land which is not liable under the law for the time being to attachment or sale in execution of a decree or order of any Court� apply only to clause (b) as it is preceded by the words “before or after it is actually paid to the person�. In case it governs both the clauses, i.e. clause (a) and clause (b), then clause (a) would be rendered otiose. Clause (a) refers to an eventuality before the compensation awarded or awardable is actually paid whereas clause (b) covers cases before or after making of payment in respect of the land which is exempted from ¤ " §|$} the compensation awarded under the Act from attachment therefore order of Collector attaching compensation payable to party and directing to deposit the entire amount of compensation payable to him for adjustment against the recovery due to bank would be improper.
George Alexander Chambers (G. A. Chambers) married thrice. He amassed huge wealth particularly in Zamin Pallavaram. He founded Chrome Leather Company Limited. Huge track of property formed part of this company. While alive, he executed a Will in favour of his third wife Ida L. Chambers, whereunder, he had bequeathed considerable extent of property. He was not alive to witness the fight between his third wife and a son born to him through his another wife. But, to buy peace, there was compromise between them.
Dilbhajan Singh vs. State of Punjab and Ors. AIR 2013 Punjab and Haryana 1
4. Probate – Revocation of – Locus Standi third party, had acquired property at an auction sale – Third party would thus have locus standi to seek revocation of probate. Succession ƒ \ ! ! ] ^ " §|$} Act, S. 263
Thereafter, Mrs. Ida executed a Will. It appears that Chrome Leather Company Limited raised loans with Central Bank of India. The Company fell into huge arrears, naturally, the Bank enforced the mortgage. The property was brought to sale. It was purchased by a third party, namely, the appellant, at the auction. Subsequently, one George Joseph Chambers emerged. He claimed himself a son of Kelland Huxford Chambers, who is son of Ethel Mary \ # } Chambers. George Joseph Chambers claimed himself an heir to late G. A. Chambers, exactly as his grandson. Thereafter, Mrs. Ida died issueless. The Administrator General sought for probating her Will. Letters of Administration was granted. George Joseph Chambers filed application to revoke it. However it was dismissed by the ” Single Judge. George Joseph Chambers passed @ | — ¡ ‚
ML-505
The Chamber's Journal April 2013
183