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1968 Supreme(Ori) 98

G.K.MISRA
UCHHAB PATRA – Appellant
Versus
BRUNDABAN MALLIK – Respondent


Advocates Appeared:
SALIL KUMAR DEY

G. K. MISRA, J.

( 1 ) 0. 37 acre of land of plot No. 298 appertaining to Khata No. 63 in village nuagada in the district of Puri belonged to one Brundaban Padhan. The respondent, Brunduban Malik trespassed upon this land and forcibly possessed 0. 31 acre out of it. Brundaban Padhan filed Money Suit No. 330 of 1960 in the court of Munsiff Puri for recovery of damages of Rupees 219 from the respondent. During the pendency of the suit, Brundaban Padhan transferred the land along with the right of realisation of Rs. 219 representing the claim for damages by a registered sale deed dated 27-5-61 in favour of Uehhab Patra (appellant ). The appellant did not get himself substituted in place of Brunda-ban Fadhan in the suit under Order 22, Rule 10 of the Civil P. C. The suit was accordingly decreed in favour of Brundaban Padhan on 12-10-61. The appellant-transferee filed Execution case No. 43 of 1966 for realisation of the decretal dues against the respondent who filed an objection under Section 47 of the Civil P. C. that the decree was not executable by the transferee and that, the subject-matter of the decree was not transferable under Section 6 (a) of the Transfer of Property Act. The o






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