Chennai Court July 1898 Judgments

Manikkam Vs. Tatayya and ors.

Court: Chennai

Reported in: (1898)ILR21Mad388

1. One Lakmisetti Subrayadu obtained a decree for money in Original Suit No. 242 of 1892. Shortly after, one Patti Subra-yadu (deceased) alleging himself to be the transferee of the decree applied to be permitted to execute the decree and he was allowed by the Court to do so. The appellant, Manda Manikkam, alleging that he and his brother, the fifth respondent, are the real transferees and that Patti Subrayadu was but a benamidar for them, has now applied to execute the decree.2. As I understand the order of the District Judge, he holds that, even if the appellant is one of the real transferees, Section 232, Civil Procedure Code, does not admit of such transferee applying under the Section, and further, supposing that an application for the execution of the decree by such transferee is entertainable under the Section, the Courts should, in the exercise of their discretion, decline to grant the application.3. But it is impossible to doubt that, notwithstanding the form of the transactio...