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1970 Supreme(AP) 160

VENKATESWARA RAO
Nadikatla Anjanna – Appellant
Versus
Bandi Ramakrishna – Respondent


VENKATESWARA RAO, J.

( 1 ) THIS appeal arises out of proceedings under Order 21, Rule 46 Civil P. C. Garnishees Nos. 1 to 5,8,9,11 and 12 are the appellants before the Court.

( 2 ) IN execution of a decree obtained by him on O. S. 18/64 on the file of the Subordinate Judge, Eeluru, the respondents herein applied in E. P. 188/66 to the Court of the First Additional District Munsif, Tannuku, for attachment under Order 21, Rule 46, Civil P. C. of a 1/5th share of the rent alleged to be due to the judgment-debtors from the appellants and 3 others in respect of certain properties held by them as tenants. Garnishees Nos. 6, 7 and 10 filed counter denying that the are tenants in respect of any lands belonging to the Judgment-debtors. The other garnishees resited the application contending inter alia that they have already paid away whatever was due by them to the judgment-debtors and that there was, therefore, nothing more for being attached pursuant to the decree and that the attachment is, in any view. illegal as the debt due by them did not become payable at the date on which the application for attachment was made and also because a debt, which due jointly to the judgment debtors and o





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