PADMANABHAN Vs. SULAIMAN KUNJU AHAMED

JUDGEMENT

(1.) Revision petitioners filed EP. 20/84 to execute the decree for permanent injunction in O.S. 39/61 of the Sub Court, Quilon. The learned Sub Judge dismissed the petition holding that the petitioners are not assignees from the decree-holders and therefore they are not entitled to execute the decree.

(2.) The order of the Court below cannot be sustained as the petitioners are the purchasers of the property from the original decree-holder. When a decree is not assigned but the assignment covers the property decreed, assignee can get the decree executed. Petitioners do not have a case that they have obtained the decree assigned in their favour from the original decree-holder. What they claim is that they purchased the property from the original decree-holder. The status of the petitioners as purchasers of the property from the original decree-holder is not at all disputed by the respondents.

(3.) O.21, R.16 provides that where the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder. The first proviso to O.21, R.16 provides that notice of the application filed by the assignee decree-holder shall be given to the transferor and the judgement-debtor and the decree shall not be executed until the Court has heard their objections (if any) to its execution. Explanation to O.21, R.16 makes it clear that a transferee of rights in the property, which is the subject-matter of the suit, can apply for execution of the decree without a separate assignment of the decree as required by the rule. As the decree as such is not assigned but the assignments in favour of the petitioners cover the property decreed, they can very well execute the decree. The learned Sub-Judge went wrong in dismissing the execution petition.