BOPPANNA Vs. RAMAKKA

JUDGEMENT

(1.) In a suit for declaration of title and possession and for ascertaining mesne profits against eight defendants, which was decreed, the decree holders after ascertainment of mesne profits, filed the E.P. for recovery of the mesne profits from the revision petitioner by way of attachment of his salary which was ordered, Questioning the said order, this revision is preferred.

(2.) The main contention of the learned counsel forthe revision petitioner is that since the revision petitioner was not in possession and enjoyment of the property allotted to the decree-holder and since the other judgment- debtors were in possession and enjoyment thereof and since the decree-holders having made the other judgment-debtors also parties to the E.P., did not seek any relief against them, and sought attachment of the salary of the revision petitioner only with a view to cause wrongful loss to him, the order impugned is liable to be set aside.

(3.) The contention of the learned counsel for decree-holders is that since the decree is joint and several and since all the judgment- debtors are in the nature of joint tort feasors their liability is joint and several and so the decree-holder can proceed against any of the judgment-debtors and recover the amount and the remedy if any, available to the revision petitioner is to proceed against other judgment- debtors, either for contribution or payment of the amount, and so revision petitioner is not entitled to any relief.