Chennai Court December 1923 Judgments

Bommayya Naicken Vs. C. Subramania Iyer

Court: Chennai

Reported in: AIR1924Mad707

Krishnan, J.1. In this case the question arises in the execution of the decree in O.S. No. 714 of 1911 on the file of the Principal District Munsif of Dindigul. The plaintiff obtained a decree against the then Zamindar of Ayakudi for a certain sum of money. That Zamindar died in 1917 and this is an application made by the plaintiff for attachment of certain sums of money payable to the present Zamindar under a lease which was granted by the previous Zamindar who was the judgment-debtor, but for a period subsequent to the death of that zamindar. The decree is sought to be executed against the present zamindar as the legal representative of the late Zamindar against the assets in his hands. The present Zamindar objected to the attachment and contended that this money could not be treated as assets in his hands as it was his own money and further more that the matter could not be gone into in execution. The Munsif gave effect to the plea that the matter could not be gone into in execution...