PONNIAH PILLAI Vs. T NATARAJAN ASARI

JUDGEMENT

(1.) THE fifth respondent in E. P. 209 of 1957 in O. S. 28 of 1944, a petition for delivery of possession of certain properties, is the appellant herein.

(2.) ONE Ponnammal, through her power of attorney, Nataraja Asari, the contesting respondent herein, filed a suit O. S. No. 28 of 1944, Sub Court, Madurai, against 29 defendants for delivery of possession. A decree was passed on 16-4-1944. Defendant 28 filed an appeal, A. S. 290 of 1945. Pending the appeal on 9-3-1947 ponnammal transferred all her rights in favour of the respondent, Nataraja Asari for Rs. 8350. On 16-7-1947 Ponnammal died, and Nataraja Asari was brought on record in the appeal. One Lakshmanan claimed that he was entitled to come on record as the legal representative through a will left by Ponnammal. Lakshmanan was also brought on record in the appeal. A. S. No. 290 of 1945 preferred by the 29th defendant was dismissed on 9-8-1950.

(3.) NATARAJA Asari sought to execute the decree by filing E. P. 373 of 1950. He prayed for delivery of properties. This petition was opposed by Lakshmanan, who claimed that he was the legal representative of the deceased Ponnammal. Lakshmanan filed a memorandum of objection and contested the right of the petitioner to execute the decree, and the executing court found that the dispute between Nataraja Asari and Lakshmanan cannot be gone into under S. 47 C. P. C. It also held that Nataraja Asari was not an assignee decreeholder and therefore could not execute the decree.