MANNEM SESHADRI REDDI Vs. PUTTA VENKATA REDDY

JUDGEMENT

(1.) WE think the lower Appellate Court's order can be justified by reference to Section 146 of the Civil Procedure Code. In accordance with the dictum of Sesbagiri Iyer, J., in Sitatamaswamy V/s. Dulla Lakshmi Narasamma 48 Ind. Cas. 840 : 41 M. 500 : 8 L.W. 21 the words claiming under in that section are wide enough to cover even cases of devolution mentioned in Order XXII, Rule 10.

(2.) IT is urged that, here, the respondent-petitioner is a transferee of property concerned in the decree which be desires to execute, not of that decree itself. We do not think the distinction substantial. For we cannot understand how one person can be claiming under another in respect of property, when he does not claim under hint equally in respect of the decree dealing with the property. Taking this view, we dismiss the appeal against appellate order with costs.