JUDGMENT - Gajendragadkar, J.

1. The short question which arises for decision in this appeal is whether the darkhast filed by the appellant is maintainable in law. A decree was passed in favour of one Parshuram and against the respondents. This decree provided that the respondents were to give to Parshuram possession of Section Nos. 19 and 107 before November 15, 1941. It further provided that as to Section Nos. 18, 87 and 90, if the respondents paid to Parshuram Rs. 1,000 before. October 28, 1942, they would be entitled to hold the said property as owners; otherwise the decree-holder after waiting for two months should take possession of those lands from the respondents. This decree was passed on October 28, 1941.

The next day the decree-holder assigned his rights in respect of Section Nos. 18, 87 and 90 in favour of the present appellant for a consideration of Rs. 400. It is as an assignee of the said rights that the appellant has filed the present darkhast on June 11, 1946. Both the Courts below have held that the assignment in favour of the appellant amounts to a partial assignment and since a. partial assignment of a decree is not permissible, under the law, the darkhast filed b

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