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Subrahmania Chetti Vs. Sattaya Pathan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1900)10MLJ213
AppellantSubrahmania Chetti
RespondentSattaya Pathan and ors.
Excerpt:
- .....creditor, no question of how much was paid for the transfer arises under section 135 of the transfer of property act now repealed. the decree of the lower appellate court is accordingly set aside and the appeal remanded for fresh disposal with reference to the other questions raised. costs will abide and follow the.....
Judgment:

1. On the Subordinate Judge's finding that there was consideration for the bond A, the plaintiff was entitled to a decree on the assigrnent to him of that bond without reference to the question whether there had been an adjustment certified under Section 258 of the Code of Civil Procedure. That section has reference only to disputes in execution between parties to the decree. Here the 1st and 2nd defendants were not parties to the decree The assignment hiving been made by a debtor to his creditor, no question of how much was paid for the transfer arises under Section 135 of the Transfer of Property Act now repealed. The decree of the lower appellate Court is accordingly set aside and the appeal remanded for fresh disposal with reference to the other questions raised. Costs will abide and follow the result.'


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