LAWS(APH)-1957-3-24

SRIPATHI RANGAIAH Vs. BATKARI SAMMA

Decided On March 18, 1957
Sripathi Rangaiah Appellant
V/S
Batkari samma Respondents

JUDGEMENT

(1.) THIS is the decree -holder's appeal in execution. There was difference of opinion between the of first instance and the Appellate Court as to whether the execution petition filed by the appellant on 27 -6 -1951 was within time or beyond. The Court of first instance had held that the application was within time but the appellate Court differed from that view. In order to under the contentions raised before us it would be appropriate that the relevant facts be briefly stated.

(2.) THE decree -holder instituted a suit against Maisamma and her husband, Batkari Rajaiah on foot of a mortgage bond in which Maisamma was to be an ostensible owner of the property, Maisamma admitted the claim and prayed that a for sale be passed against her. Batkari Rajaiah however, disputed the claim of his wife to be owner of the property and stated that he was the real owner and the sale -deed in favour of Maisamma was a mere benami transaction.

(3.) THE trial Court, as already stated above, held the execution petition within time but dismissed it on the ground that the property could no longer be held to belong to the judgment -debtor by reason of the decree of the Supreme Court in favour of Batkari Rajaiah.