Judgement

MOHAPATRA, J. :- This appeal has been filed by defendant 3 against the confirming judgment of the lower appellate Court arising out of a suit for recovery of Rs. 1000/- in the following circumstances :

2. One Anem Tatayya had two sons, Anem Basanna and Anem Narasimhulu. The present defendant 1 is Anem Narasimhulu and his son is defendant 2. Defendant 3 the appellant, is the widow of Anem Basanna, who died on 10-1-1942. Anem Tatayya obtained a mortgage decree against Agadhu Bissoi and others (who are not parties to the present suit) in original suit No. 11/1924 and eventually obtained a final decree for a sum of Rs. 5700 and odd on 2-11-1932. The decree-holder Anem Tatayya had realised a sum of Rs. 2900/- from the judgment-debtors. Defendant 1 (Anem Narasimhulu) executed a deed of transfer (Ex. 10) on 13-8-1934 in favour of the present plaintiff in respect of his half share in the above mortgage decree.

It is to be mentioned here, Anem Tatayya died nearly a month prior to this deed of transfer on 3-7-1934. Anem Basanna, the elder son, realised a further sum of Rs. 2000/- towards the decretal amount on 3-9-1935. The present plaintiff-transferee in respect of the half share of