PARASU AMRITAVALLI THAYARAMMA (DIED) Vs. CHALLUVU ANNAPOORNAMMA

JUDGEMENT

(1.) The appellant is the assignee of the decree passed in O.S. No. 12 of 1931 on the file of the Court of the Subordinate Judge of Chittoor in favour of one Alamelumangamma for costs. She was the defendant in the suit which was filed by five plaintiffs, one of whom was Padmavallithayaramma (the fifth plaintiff). The decree was, passed on the 10 September, 1932. A sum of Rs. 1,766-9-10 was the taxed costs which was directed to be paid by the plaintiffs to the defendants. E.P. No. 81 of 1935 was filed against the fifth plaintiff Padmavallithayaramma alone for the sale of her house No. 14816 in Chittoor Town. The house was attached on 12 June, 1936 and was advertised for sale on 9 March, 1937. In the meanwhile on 22nd February, 1937, Padmavallithayaramma died and her husband Namberumal Chetti, her daughter Vatsala and her father P. Narasimhalu Chetti were brought on record as her legal representatives. Subsequently the decree was transferred to the original appellant herein who is now dead and whose husband has been brought on record as her legal representative.

(2.) It was contended that the assignment in favour of Amirthavallithayarammal was only benami for the estate of Padmavallithayarammal, one of the judgment-debtors in the suit and therefore the decree could not be executed against the other judgment-debtors. That was the plea set up by the other plaintiffs and their legal representatives. The lower Court found that it was so and dismissed the petition. Hence the appeal.

(3.) The only point for consideration is whether the assignment in favour of Amirthavallithayaramma was benami for the estate of the deceased Padmavallithayaramma and if so, is it not open to the appellant to take out execution of the decree.