Kuppuswami Ayyar, J.

1. The appellant is the assignee of the decree passed in O.S. No. 12 of 1931 on the file of the Court of the Subordinate Judge of Chittoor in favour of one Alamelumangamma for costs. She was the defendant in the suit which was filed by five plaintiffs, one of whom was Padmavallithayaramma (the fifth plaintiff). The decree was, passed on the 10th September, 1932. A sum of Rs. 1,766-9-10 was the taxed costs which was directed to be paid by the plaintiffs to the defendants. E.P. No. 81 of 1935 was filed against the fifth plaintiff Padmavallithayaramma alone for the sale of her house No. 14816 in Chittoor Town. The house was attached on 12th June, 1936 and was advertised for sale on 9th March, 1937. In the meanwhile on 22nd February, 1937, Padmavallithayaramma died and her husband Namberumal Chetti, her daughter Vatsala and her father P. Narasimhalu Chetti were brought on record as her legal representatives. Subsequently the decree was transferred to the original appellant herein who is now dead and whose husband has been brought on record as her legal representative.

2. It was contended that the assignment in favour of Amirthavallithayarammal was only benami