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Mohamad Rowther Vs. Pichai Rowther and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in35Ind.Cas.624
AppellantMohamad Rowther
RespondentPichai Rowther and ors.
Cases ReferredSee Bayyana Ramayya v. Nidamarthi Krishnamurthi
Excerpt:
civil procedure code (act v of 1908), order xxi, rule 16 - assignment of decree--execution, application for, by assignee--assignee benamidar for judgment-debtor--proof of title. - 1. this is an application by an assignee decree-holder to execute the decree. it is found that the assignment was benami for one of the judgment-debtors. on this finding bin application was rightly dismissed under order xxi, rule 16. the transferee must first prove his right before lie can be allowed to execute and it is only then any question of adjustment by payment arises. see bayyana ramayya v. nidamarthi krishnamurthi 32 ind. cas. 952 : 3 l.w. 186 : 19 m.l.t. 124. the appeal against the appellate order is dismissed with costs.
Judgment:

1. This is an application by an assignee decree-holder to execute the decree. It is found that the assignment was benami for one of the judgment-debtors. On this finding bin application was rightly dismissed under Order XXI, Rule 16. The transferee must first prove his right before lie can be allowed to execute and it is only then any question of adjustment by payment arises. See Bayyana Ramayya v. Nidamarthi Krishnamurthi 32 Ind. Cas. 952 : 3 L.W. 186 : 19 M.L.T. 124. The appeal against the appellate order is dismissed with costs.


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