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Puthiandi Mammed Vs. Avalil Moidin - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad157
AppellantPuthiandi Mammed
RespondentAvalil Moidin
Excerpt:
transfer of decree - subsequent attachment in execution against transferor. - .....he paid to the defendant for the transfer of his decree was an agreement to transfer it, not a complete transfer until recognized by the court. the completion of the transfer in this case was prevented by the attachment of the decree for the defendant's debts, and it was the defendant's duty to do all that was necessary to complete the transfer by removing the obstacle, the attachment. this he did not do and made it impossible for the transfer to the plaintiff to be completed by the recognition of the court.2. in these circumstances the plaintiff was entitled to succeed in his action. we must set aside the decree of the subordinate judge and decree the claim with costs and interest at 6 per cent, thereon from the date of plaint till date of payment.3. the petitioner is entitled to.....
Judgment:

1. All that the plaintiff got in law for the money he paid to the defendant for the transfer of his decree was an agreement to transfer it, not a complete transfer until recognized by the Court. The completion of the transfer in this case was prevented by the attachment of the decree for the defendant's debts, and it was the defendant's duty to do all that was necessary to complete the transfer by removing the obstacle, the attachment. This he did not do and made it impossible for the transfer to the plaintiff to be completed by the recognition of the Court.

2. In these circumstances the plaintiff was entitled to succeed in his action. We must set aside the decree of the Subordinate Judge and decree the claim with costs and interest at 6 per cent, thereon from the date of plaint till date of payment.

3. The petitioner is entitled to his costs in this Court.


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