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1951 Supreme(Ker) 111

SUBRAMONIA.IYER, KUNHI RAMAN
Chambakakutty Pillai – Appellant
Versus
Rajaian Nadar – Respondent


Judgment :-

1. The only question that arises in this second appeal is whether the transferee of the equity of redemption of an item of immovable property can execute a decree for redemption obtained by the transferor. The learned Munsiff found against the transferee who sought to execute the decree. The learned District Judge took a different view relying on the decision in 1948 TLR 765 which held that the purchaser of certain immovable property would in law be the transferee of a decree in respect thereof. Mr. Madhavan Nair, the learned Counsel for the respondent, did not rightly attempt to support the decree appealed against on the ground on which it is based. The only persons who can execute decree are those mentioned in 0.21, R.16 of the Code of Civil Procedure and it has been held uniformly by courts in India that the transferee of an immovable property is not a transferee of a decree in respect of that property within the meaning of that rule. Reference may be made to AIR 1924 Bombay 426, AIR 1926 Bom. 406, AIR 1927 Mad. 240, ILR 7 All. 107,30 Allahabad 28 and 1950 D.L.R. (Allahabad) Lucknow Bench 147.

2. The learned Counsel for the respondent, however, sought to support the j

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