KOLLAPUDI GOVINDAMMA Vs. MANI BULLEMA

JUDGEMENT

(1.) THIS appeal is. against the judgment of the Subordinate Judge, Tenali. It arises out of execution proceedings. The Appellant obtained a decree against the Respondent for Rs. 1,800/ - and costs, recoverable against the estate of the judgment -debtor's husband in her hands in a suit for damages for breach of a covenant of title.

(2.) THE Respondent filed an appeal against the order of the District Munsif to the extent it was against her while the present Appellant did not take the matter in appeal relating to the house. the Subordinate Judge reversed the decision of the trial Court as in his opinion the Respondent took that item of property as heir to her deceased son and not as that of her husband and that the moment the son took the property by survivorship it became his absolute property and on his death if is his property that his mother took. Aggrieved by this judgment the decree -holder has filed this appeal. The main point for determination in this appeal is whether the land in question could be proceeded against in execution. It is contended by the learned Counsel for the Appellant that the view of the lower appellate Court is untenable for the reason that as the son was liable to pay the debts of his father which are not tainted either by immorality or illegality, his property in the hands of his mother could be reached in execution of the decree.

(3.) BUT that is not decisive of the matter. In the instant case, the decree is not directed against the estate of Subbayya's son. The decree -holder is only entitled to levy execution against the estate of Subbayya in the hands of the judgment -debtor. The question for consideration, therefore, is whether the property which the judgment -debtor inherited from her son could be regarded as the property of Subbayya that had come to the hands of his widow.