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Narayanan Chetti (Minor) and ors. Vs. Panchanathan Chettiar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1940Mad89
AppellantNarayanan Chetti (Minor) and ors.
RespondentPanchanathan Chettiar and ors.
Cases ReferredAkhori Ramsewakprasad v. Saran Singh
Excerpt:
- - their father was the sole decree-holder, and although the sons may well have been entitled along with him to the benefits of the decree -a thing which has yet to be investigated -it is impossible to say that they were, or are 'decree-holders......court which passed the decree of the devolution upon them of the decree. the appellants are not 'decree-holders' as defined in section 2, civil p.c. their father was the sole decree-holder, and although the sons may well have been entitled along with him to the benefits of the decree - a thing which has yet to be investigated - it is impossible to say that they were, or are 'decree-holders.' the decree has been transferred to them by operation of law on the death of their father and order 21, rule 16, civil p.c., is applicable. with respect, we are not able to agree with the learned judge who decided the case in akhori ramsewakprasad v. saran singh : air1937pat607 . the decision of the learned district judge on this point is in our opinion correct. this appeal is accordingly dismissed.....
Judgment:

1. We cannot accept the contention on behalf of the appellants that they are decree-holders who can execute the decree without recognition by the Court which passed the decree of the devolution upon them of the decree. The appellants are not 'decree-holders' as defined in Section 2, Civil P.C. Their father was the sole decree-holder, and although the sons may well have been entitled along with him to the benefits of the decree - a thing which has yet to be investigated - it is impossible to say that they were, or are 'decree-holders.' The decree has been transferred to them by operation of law on the death of their father and Order 21, Rule 16, Civil P.C., is applicable. With respect, we are not able to agree with the learned Judge who decided the case in Akhori Ramsewakprasad v. Saran Singh : AIR1937Pat607 . The decision of the learned District Judge on this point is in our opinion correct. This appeal is accordingly dismissed with costs.


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