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Vasha Kuthiyakath Uduman Hajee and ors. Vs. Ashi Kalakath Mamikutti - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.120
AppellantVasha Kuthiyakath Uduman Hajee and ors.
RespondentAshi Kalakath Mamikutti
Cases ReferredSreepada Brahmayya Pantulu v. Parasuramayya
Excerpt:
execution - application in accordance with law--assignment of decree by some of decree-holders to one of them--refusal of those who did not assign to join assignee in execution--failure to prove validity of assignment, effect of--parties. - - the fact that he failed to prove the validity of the assignment, does not, in our opinion, show, that his application was not in accordance with law.1. we do not think that the view taken by the district judge is correct. the 1st appellant was one of the joint decree-holders and claimed to have an assignment from some of the others and alleged that the rest refused to join him and he, therefore, made them defendants. it is difficult to see how he could have proceeded; with a view to obtain the fruits of his decree otherwise than in the way he did. the fact that he failed to prove the validity of the assignment, does not, in our opinion, show, that his application was not in accordance with law.2. sreepada brahmayya pantulu v. parasuramayya 12 m.l.j. 348.3. we must, therefore, set aside the order of the learned district judge and restore that of the district munsif with costs in this and in the lower appellate court.
Judgment:

1. We do not think that the view taken by the District Judge is correct. The 1st appellant was one of the joint decree-holders and claimed to have an assignment from some of the others and alleged that the rest refused to join him and he, therefore, made them defendants. It is difficult to see how he could have proceeded; with a view to obtain the fruits of his decree otherwise than in the way he did. The fact that he failed to prove the validity of the assignment, does not, in our opinion, show, that his application was not in accordance with law.

2. Sreepada Brahmayya Pantulu v. Parasuramayya 12 M.L.J. 348.

3. We must, therefore, set aside the order of the learned District Judge and restore that of the District Munsif with costs in this and in the lower appellate Court.


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