RAJA OF RAMNAD Vs. VELUSAMI TEVAR

JUDGEMENT

(1.) IN this appeal the appellant is the assignee of a decree against the defendants (some of whom are minors and are represented by their guardian) which was passed on September 26, 1907. The amount of the decree was Rs. 35,063 and interest. The decree was in favour of the plaintiffs in the suit and went on to order that the plaintiffs should at once draw out the money in Court which was a sum of about Rs. 3000, and that the first and second defendants should repay the balance within three months with interest and costs, and in default of such payment that the plaintiffs should recover the same by the sale of the entire cowle right possessed by them including the interest if any of the third defendant also, and if the sale proceeds were not sufficient for the purpose the plaintiff should recover the deficiency from the first and second defendants.

(2.) THE judgment debtors made no payment and accordingly in January, 1909, the decree holder put in his application for execution by sale and realized Rs. 27,000, and in December, 1909, the sale was confirmed and possession delivered. An appeal was brought by the judgment debtors to the High Court, but this was dismissed on April 8, 1911.

(3.) WHILE these proceedings were in progress, the present appellant purchased the decree from the then plaintiffs, and on November 20, 1914, made his application to be brought on to the record as assignee of the decree, and to have the decree executed. This was resisted by the present respondents or their predecessors in title on several grounds. They put the present appellant to the proof of his assignment, they alleged, that the right to execute the decree was barred by limitation, and they raised questions as to the liability of certain of the properties to attachment.