A decree for injunction does not run with the land and is a personal one. Therefore, the purchaser of property cannot maintain an execution petition for disobedience of a decree for permanent injunction.

This revision is directed against the order passed by the X Assistant Judge, City Civil Court, Madras, dismissing E. P. No. 1758 of 1981 in O. S. No. 1664 of 1959, filed by the revision petitioner on two grounds, namely, that the petitioner being a purchaser is not entitled to maintain the execution petition and therefore the decree for the relief of permanent injunction cannot be executed and further the decree for injunction runs with the land and cannot be executed by the purchaser.

2. As regards the first point, learned counsel for the respondent also conceded that in view of the provisions of Section 146, C.P.C. and the Explanation added to O.21, R.16, certainly the purchaser of the property which is the subject-matter of the decree, without assignment, can maintain the execution application. As regards the second contention whether the purchaser can maintain the execution petition for disobedience of the decree by injunction, learned counsel for the revision petitioner only submitted that even though there is no decision of this Court on this point, yet it cannot be said that it is a personal one as it affects the rights of parties which includes the immovable properties. On the other hand, learned counsel for the respondent drew the attention of this Court to a decision of the Karnataka High Court reported in Somnath Honnappa Bennalkar v. Bhimrao Subrao Patil, 1974 ILR(Kant) 1506, where it was held as follows:-

"That suit which was only one for a permanent injunction restraining the defendant from interfering with the plaintiff's possession and enjoyment of the suit property ended in a compromise decree in favour of the plaintiff Sitaram Desai. It is well settled that an injunction, being personal, does not run with the land, vide decision of this Court in Ramachandra Govinda Palekar v. Narayan Zampanna Sulebhavi, (Ex. S. A. 92 of 1968); Dahyabhai v. Bapalal, 1902 (26) ILR(Bom) 141; Jamesetji Manekji Kotval v. Hari Dayal, 1908 (32) ILR(Bom) 181; Abdul Kardar Haji Hiroli v. Mrs. Judah Jacob Comen, (1967) 69 Bom LR 749 and Attorney General v. Birmingham, Tame and Rea District Drainage Board, 1881 (17) Ch(D) 685. The compromise decree of injunction passed in O. S. No. 52 of 1967 being personal to Sitaram Desai and not running with the land, the appellant did not acquire a right to execute the decree by virtue of the sale and assignment in his favour. The compromise decree of injunction being personal to Sitaram Desai, the same could not be validly assigned in favour of the appellant. A similar question arose for consideration in the case reported in Jamsetji Manekji Kotval v. Hari Dayal, 1908 (32) ILR(Bom) 181. In that case, after the plaintiff obtained a decree of injunction against the defendant, sold his land. The purchaser who was also obstructed, brought his own suit for an injunction in terms similar to that formerly obtained by his vendor. An objection was raised to the maintainability of the suit on the ground that the only remedy of the purchaser was to execute the previous decree obtained by his vendor and not to institute a fresh suit. It is no doubt true that in the case there was not assignment of the decree of injunction by the original holder. But, it is clear from the judgment rendered by Chief Justice, Jenkins that the Court came to the conclusion that the proper remedy of the purchaser was to file a fresh suit, as he did in that case, and not to execute the decree obtained by his vendor on the ground that an injunction does not run with the land. I respectfully agree with the principle laid down in the said decision." *

3. The Court below also relied on the decision of the Bombay High Court reported in Jamsetji Manekji Kotval v. Hari Dayal, 1908 (32) ILR(Bom) 181, wherein it was held that an injunction does not run with the land and therefore in the circumstances of the case, there was no bar to the plaintiff's suit. Learned-counsel for the respondent also drew my attention to a decision of this